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Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)

....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17.    ...... Court to take necessary steps to make payment of Tk. 19,70,000.00 then remaining deposited in the account of the Marshal of the Court. It is noted that the Marshal upon obtaining permission from the Bangladesh Bank remitted Tk. 19,70,000.00 to the Petitioner's account on 21.9.2005 leaving an un......ey Mr. Mahbubur Rahman……………………………………………………..Petitioner Vs. M.V. PELEAS K and others……………………&he......am Parkash, AIR 1977 (SC), 1201 at paragraph 3, page 1205; Vide Kiran Singh Vs. Chaman Paswan, (1955) 1 SCR 117 = (AIR 1954 SC 340); Hiralal Patni Vs. Kali Nath, (1962) 2 SCR 747 = (AIR 1962 SC 199); Md. Ahsanullah Vs. Arafatunnessa, 33 DLR (AD) (1981) 17, at paragraph 4, page 20; Gorachand Haider V..

Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19

AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)

....েউ টিন) by the accused petitioner, along with other co-accuseds one of them being an ex-MP. In this case Police Report was not submitted till 28.10.2007 nor the case was sanctioned by the Government under the Rules, 2007 as stated in the supplementary Affidavit. 6. The Rule issued i......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......ional Jurisdiction) Present: Sharifuddin Chaklader J Md. Emdadul Huq J AKM Reazul Islam and others…………………….Petitioners Vs. State………………..........................Opposite Par...... Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..

Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139

Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)

....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......howdhury J Md. Abdul Hye J Al Haj A.B.M. Mohiuddin Chowdhury…………………………………….Petitioner Vs. The State…………………………&h......agong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ..

Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3

Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)

....ম্ভ করিতে আইনগত কোন বাধা নাই। সিভিল কোটস এ্যাকট এর ৩৬ ধারা নি¤œরুপঃ "36. (1) The Government may invest with the powers of any Civil Court under this Act, by name or in virtue of o......দান করিবার আবেদন করিয়া অত্র রীট মোকাদ্দমাটি দায়ের করা হইয়াছে। Human Right and Peace for Bangladesh নামক সংস্থার সভাপতি এ্যাডভোকেট ম......inal Jurisdiction) Present: ABM Khairul Haque J Abdul Awal J মনজিল মোরসেদ ও অপর ৬ জন ------------দরখান্তকারীগন Vs. বাংলাদেশ ও অপর একজন ---------------------প্রতী......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ..

Category: Others | Date: 2 Dec, 2007 | Hits: 7

Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)

....ent of another place is erroneous, as from the very petition her permanent address is found to be at Bhola. The second ground of political influence does not stand under the regime of the Caretaker Government. Further, delay to dispose of the suit also does not stand, as the Presiding Officer of ...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935.  ......ourt High Court Division (Civil Miscellaneous Jurisdiction) Present: Md. Arayesuddin J Mashuque Hossain Ahmed J Mainul Alam..........................Petitioner Vs. Anjera Begum............................Opposite Party Judgment November 27, 20......cessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935.  ..

Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ......irement of the country's electric bulb manufacturing companies. 3. The customers and patrons of the companies are most of the leading pharmaceutical companies (national and multinational) in Bangladesh. The capacity of production of the company reached 250 million pieces of glass bottles an......……………………………………………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex…………&......e. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....llip;…………Respondents (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Banglad......hellip;……Respondents (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana...... Mrs. Zakia Doha………………………………………………………Petitioner Vs. Chairman, 1st Court of Settlement…………………&h......ent be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6

Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....ffairs (Annexure A and A-1 respectively) The Ministry through SRO No.203 Law/2002 dated 24-7-2002 approved the Rule of the Freedom Fighters and its association (Annexure-B). Subsequent­ly, the local Government Division of the Ministry of Local Government and Rural Development promulgated ঢাক...... High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Muktijoddha Bahumukhi Samabaya Samity………………………Petitioner Vs. Bangladesh and others………………….Respondents Judgment September 20, 2007. Result:......urt High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Muktijoddha Bahumukhi Samabaya Samity………………………Petitioner Vs. Bangladesh and others………………….Respondents Judgment September 20, 2007. ...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..

Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43

Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (HCD)

.... inserted by Act No.15 of 2000 with effect from 15.02.2000. Section 25A was time to time substituted to take the present shape, which is effective since July 01, 1999. 35. Section 25A empowers the Government to appoint pre-shipment agencies and audit agencies for certification and audit mainly on......sugar was challenged and a direction was sought for assessment of said goods on the basis of invoice value as normal/ transaction value. 2. The petitioner is stated to be a company incorporated in Bangladesh under the Companies Act. It imported 22,700 metric tons of Sugar from Brazil by opening t...... (Special Original Jurisdiction) Present: Mohammad Abdur Rashid J Md. Miftah Uddin Choudhury J Abul Khair Condensed Milk and Beverage Ltd……………………………..Petitioner Vs. The Commissioner of Customs and others…………………………………..Respondents ......municate at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 555. ..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....at his body was blood stained but his wearing apparels were not seized by the Investigating Officer. This witness further stated that Kamal was not candidate for the Managing Committee of Mahutuly Government Primary School and he denied the sug­gestion that there was no dispute in between Jubae......at he along with Arman, Joney, Babul took the deceased to Dhaka Clinic, where the doctor declared Kamal dead. In cross-examination, this witness stated that he did not know where was the Office of Bangladesh Manobaudhikar Bastabayan Shongstha, nor he knows the executives of the Shangstha, he kne...... ......o Reported in: 13 BLC (HCD) (2008) 849. ..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)

....find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......gh Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosharraf Hossain (Md.)…………………………………………Petitioner Vs. Bangladesh Bank and another……………………………………………Respondents Judgmen...... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosharraf Hossain (Md.)…………………………………………Petitioner Vs. Bangladesh Bank and another……………………………………………Respondents ......8)98. ..

Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......ip;…………………..Respondent Judgment August 28, 2007. Result: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and Another, (1992) 44 DLR (AD)......ellip;…………………………………………………………..Petitioner Vs. The Chairman, First Labour Court and another……………&hellip......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)

....e Joint Commissioner regarding receipts and gross profits without any modifications. 24. Both the applicants are Contractors and engaged in the business of construction. They executed works of the Government and statutory bodies. In support of the receipts, they submitted certificates of payments......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......iftah Uddin Choudhury J Islam Enterprise, proprietor: Md. Aminul Islam, 7/12 Tajmahal Road, Mohammadpur, Dhaka………………………………………………………………..Applicant Vs. The Commissioner of Taxes, Taxes Zone-3, Ayesha Manjil, Pioneer, Road, Segunbagicha, Dhaka......nts. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..

Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ......(2009) 29. ......vil Court and not under summary Writ Jurisdiction…………………………….(8) Cases Referred to- 5 MLR (AD) 297; 46 DLR (AD) 191; 54 DLR (AD) 6; 59 DLR (AD) 6. Lawyers Involved: Md. Idrisur Rahman, Advocate - For the petitioner. Md. Mamnur Rashid, Advocate - For the Responde..

Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

.... A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1995 Supp (1) SCC 153; Yabbacom vs King, 1899 1 King Bench 444; Union Territory, C......e Proclamation of Emergency suspending the enforcement of certain rights as mentioned in Chapter III of the Constitution as provided under Article 141B of the Constitution of the People's Republic of Bangladesh. In view of the above, we are unable to accept the contention of the learned Counsel for ...... Present: Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 20......out any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)

....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......Division (Special Original Jurisdiction) Present: Shah Abu Nayeem Mominur Rahman J Zubayer Rahman Chowdhury J Md. Abdul Mannan and others…………………Petitioners Vs. Ministry of Education and others……………………Respondents Judgment July 23,......ed in: 20 BLT (HCD) (2012)565. ..

Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26

Birendra Kishore Ghose @ Gopal Krishna Ghosh Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....) Present: Syed Muhammad Dastagir Husain J Muhammad Abdul Hafiz J Birendra Kishore Ghose @ Gopal Krishna Ghosh……………………………………Appellant Vs. Government of Bangladesh and others………………………………………………….Respon......: Syed Muhammad Dastagir Husain J Muhammad Abdul Hafiz J Birendra Kishore Ghose @ Gopal Krishna Ghosh……………………………………Appellant Vs. Government of Bangladesh and others………………………………………………….Respondents Judg......isdiction) Present: Syed Muhammad Dastagir Husain J Muhammad Abdul Hafiz J Birendra Kishore Ghose @ Gopal Krishna Ghosh……………………………………Appellant Vs. Government of Bangladesh and others………………………………………………......dismissed. Cases Referred to- I.L.R. 42 Privy Council 801 cal.; I.L.R. 33 Cal 584; 35 D.L.R. (A.D.) 31; 51 D.L.R. 77. Lawyers Involved: Probir Neogi-For the Appellant. A.S. Md. Ramzan Khan, Deputy Attorney-General-For the Respondents. First Appeal No.502 of 1991. ..

Category: Property Law | Date: 7 Jun, 2007 | Hits: 6

Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)

....in case the School is shifted elsewhere. After a few years in 1965 on the demand of the local people and for convenience of the students the school was shifted to Plot No.1354 of the same Mouja under Government Khas S.A. Khatian No.1 and the suit lands reverted to the khas possession of the donor Ba......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......008) 177. ...... sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..

Category: Property Law | Date: 6 Jun, 2007 | Hits: 27

Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)

....n) Present: Mir Hashmat Ali J Sayed Abu Kowser Md. Dabirush Shan J Al-Haj Abdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chandp...... Sayed Abu Kowser Md. Dabirush Shan J Al-Haj Abdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chandpur and others………&helli......l Jurisdiction) Present: Mir Hashmat Ali J Sayed Abu Kowser Md. Dabirush Shan J Al-Haj Abdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commiss......ase is also Reported in: 13 MLR (HCD) (2008) 184. ..

Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......and he proved the same as Ext.2/2, 2/3 and as Ext.6/2, 6/3 and as Ext.7/2, 7/3 and as Ext.11/1, 11/2 and as Ext.3/3-3/6 and as Ext.1/4-1/7 respectively. 53. P.W.14, A. Baten is the driver of Atlas Bangladesh Ltd. who stated in his evidence that on 29.05.2002 at about 6.00/6.15 a.m. some people en...... (HCD) (2007) 469. ......with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20