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United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ......003 to December, 2004 as per VAT accounts. But the petitioner received Taka 144, 31, 55,331 during the period on the basis of two bank accounts maintained with the Bank of Small Industry and Commerce Bangladesh Limited, Main Branch at Dhaka. On consideration of said transfers, said respondent was of......rt High Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J United Mineral Water and PET Industries Ltd…………..Petitioner Vs. Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents......such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....eme Court High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Engineer Mahmudul Islam and others..............Petitioners Vs. Government of the People's Republic of Bangladesh and others...........Respondents Judgment No......pecial Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Engineer Mahmudul Islam and others..............Petitioners Vs. Government of the People's Republic of Bangladesh and others...........Respondents Judgment November 26, 2002. Result: The Rule....... ......ur observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....ctive on the difference of remuneration in the public service and so-called charitable service, when is considered at the background of the national pay scale under which the Head of the Republic and Government received what salary and benefits of course tax-free from the public exchequer for perfor......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......) Present: Mohammad Abdur Rashid J Md. Miftah Uddin Choudhury J BRAC, represented by its Head of Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha,......5. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......or the respondent No.2. Writ Petition No.5979 of 2005. Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon to show cause as to why the impugned Order No.65 dated 02.07.2005 passed by ......(HCD) (2008) 208. ......t once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..

Category: Civil Law | Date: | Hits: 136

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....dge, Sadar, Kurigram impleadine the petitioner Nos.1-4 as defendant Nos.1-4 and prayed for a decree for declaration that he is entitled to get gratuity, pension and other service benefit as a regular Government employee. 3. The case of the plaintiff is that he joined the then West Pakistan Water ......d in: 13 MLR (HCD) (2008) 405. ......p;      Present: Salma Masud Chowdhury J Chairman, Bangladesh Water Development Board, Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners Vs. Md. Abdur Rahman and another…………………Opposite parties Judgment April 24, 20......;     Present: Salma Masud Chowdhury J Chairman, Bangladesh Water Development Board, Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners Vs. Md. Abdur Rahman and another…………………Opposite parties Judgment April 24, 2008. ..

Category: Employment/Service Law | Date: | Hits: 166

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ...... High Court Division (Civil Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Abdul Mannan Mathbar………………………………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite P......ith a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..

Category: Civil Law | Date: | Hits: 94

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J ATM Fazle Kabir J Human Rights and Peace for Bangladesh and others…………………….Petitioners Vs. Government of Bangladesh and others……………………Respondents Judgment March 21, 201......he Appellate Division Judgment here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J ATM Fazle Kabir J Human Rights and Peace for Bangladesh and others…………………….Petitioners Vs. Government of Bangladesh and oth...... Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J ATM Fazle Kabir J Human Rights and Peace for Bangladesh and others…………………….Petitioners Vs. Government of Bangladesh and others……………………Respondents Judgment March ...... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ..

Category: Environmental Law | Date: | Hits: 731

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....es­sion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against Government is 60 years uninterrupted possession….………(19) Dismissal of suit When there ......ndant No.4 in connivance with the employees of the vested cell includes ‘ga’ schedule land in VP Case No. 31/79-80 as enemy property. Plaintiff did not know about all these facts as he was not in Bangladesh. While he came in Bangladesh from abroad, he was advised, by the revenue employee to file......00. ......t records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..

Category: Property Law | Date: | Hits: 83

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

....r in a proper case and direct trial notwithstan­ding the provisions as to conclusion of trial within a specified time. While we find our inability to do anything in the present case.We hope that the Government would come forward with some legislative measure autho­rising the superior Court to inte......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ...... Court High Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Mohammad Ali……………………Infor­mant Petitioner Vs. Sukur Ali & others………………………Opposite-Parties Judgment December 3, ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..

Category: Procedural Law | Date: | Hits: 102

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....are internationally, reputed Pre-shipment Inspection, Agencies engaged in the business of pre-shipment inspection of goods exported from different countries and they were duly approved as such by the Government of Bangladesh. The petitioners have their branches and operations in more than 100 countr......nally, reputed Pre-shipment Inspection, Agencies engaged in the business of pre-shipment inspection of goods exported from different countries and they were duly approved as such by the Government of Bangladesh. The petitioners have their branches and operations in more than 100 countries world­-wi......urt Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Tariqul Hakim J Intertek Testing Services International Limited and others..........................Petitioners Vs. National Board of Revenue, Dhaka & others..............................................Re...... the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... (2008) 393. ......rt Division (Civil) Present: AK Badrul Huq J Tabibullah being dead his legal heirs Fatima Begum and others…………………Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Bangladesh-Secret......R (HCD) (2008) 393. ......d others, 1991 SCMR 1656; Babor Ali Pramanik and others Vs. Mesar Ali Pramanik and others, (1994) 14 BLD (AD) 235. Lawyers Involved: M.A. Jabbar, Advocate - For addition of opposite parties. Md. Nurul Amin with A.K.M. Shahidul Huq and Md. Aminul Ehsan, Advocate - For Petitioners. Md. Ab..

Category: Property Law | Date: | Hits: 82

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....nder Article 117(2)………………………….(12) Cases Referred to-  Bangladesh Vs. Shafiuddin Ahmed, 50 DLR (AD) 27; Bangladesh Vs. Md. Shamsul Huq, 12 MLR (AD) 25 = 59 DLR (AD) 54; Government of Bangladesh Vs. Md. Abdur Rashid, 12 MLR (AD) 47; Government of Bangladesh Vs. Iqbal Ha......009) 728. ......HCD) (2009) 728. ...... is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ..

Category: Administrative Law | Date: | Hits: 494

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J Abdul Kader Bhuiyan and 17 others ………………………Petitioners Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others …………………………..Respond......sent: Md. Imman Ali J Md. Emdadul Huq J Abdul Kader Bhuiyan and 17 others ………………………Petitioners Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others …………………………..Respondents Judgment June 4, 2008. Re......reme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J Abdul Kader Bhuiyan and 17 others ………………………Petitioners Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others …......ce of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ..

Category: Property Law | Date: | Hits: 121

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....earned Advocate also appearing as amicus curiae, submits that in the City Corporation the Mayor is not appointed rather he is elected through election. Thus, the Mayor is holding the office of "Local Government", which is "statutory body" as defined in section 3(6) of the Ordinance No. 16 of 2008, b......ivision (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Farah Mahbub J Sadek Hossain Khoka and others ………………………Petitioners Vs. Election Commission for Bangladesh and others………………….. Respondents Judgment December 4, 2008. Result:...... ......Vs. Nanak Chand Surana (1969) 3 SCC 258 SS; Inamdar Vs. AS Andhra Pradesh, (1971) 3 SCC 870; Karbhari Bhimaji Vs. Shanker Rao, AIR 1975 SC 575. Lawyers Involved: Khondker Mahbubuddin Ahmed with Md. Ruhul Kuddus with Toufiq lnam. Advocates — For the Petitioner (In Writ Petition Nos. 9124, 912..

Category: Constitutional Law | Date: | Hits: 466

Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦.Petitioner (In Writ Petition No.1669 of 2009) Metropolitan Chamber of Commerce and Industry, Dhaka………………………Petitioner(In Writ Petition No. 2386 of 2009) Vs. Government of Bangladesh and others…………………………Respondents Judgment Novembe.......Petitioner (In Writ Petition No.1669 of 2009) Metropolitan Chamber of Commerce and Industry, Dhaka………………………Petitioner(In Writ Petition No. 2386 of 2009) Vs. Government of Bangladesh and others…………………………Respondents Judgment November 24, 2009. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner (In Writ Petition No.1669 of 2009) Metropolitan Chamber of Commerce and Industry, Dhaka………………………Petitioner(In Writ Petition No. 2386 of 2009) Vs. Government of Bangladesh and others…………………………Respondents Judgment ...... (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Dr. M. Zahir with Mahbub Shafique - For the petitioner (In Writ Petition No.1669 of 2009). Nihad Kabir with Md. Asaduzzaman - For the petitioner (In Writ Petition No.2386 of 2009). Mahmudul Islam with M.A...

Category: Others | Date: | Hits: 107

ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)

....: “Meaning of resident.—(1) Save as hereinafter provided, a person shall be deemed to be resident in an electoral area if he ordinarily resides in the electoral area. (2) A person who is in Government service or holds any public office shall unless he otherwise indicates in writing to the ...... (1998) 58. ......R (HCD) (1998) 58. ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ..

Category: Constitutional Law | Date: | Hits: 386

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ...... Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......682. ...... Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with SM Fazlul Huq, Advocates-For the Appellant. Khondaker Mahbubuddin Ahmed with Md. SR Khoshnabish, Advocates-For the Respondent. First Appeal No.597 of 1999 with Miscellaneous ..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

....4 (WASA authority) made an underground strong sewerage line just to the south of land alleged acquired portion of CS Plot No.158 WASA had scheme to draw a connecting line from strong sewerage line to Government khas canal through the small lane running through eastern middle portion of CS Plot No.15...... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......rted in: 64 DLR (HCD) (2012) 371. ......intiff is to pray for recovery of possession………………………………(34) Cases Referred to- Abdul Quddus Matabbar Vs. Yousuf Ali Bayati, 17 BLT (2009) (AD) 45; Amiruddin Mondal Vs. Md. Ashraf Ali, 11 BLC 134; Abdus Samad Akand Vs. Abdul Halim Miji, 50 DLR (AD) 6; Abdul Jalil Munsh..

Category: Procedural Law | Date: | Hits: 137

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... Mr. Chowdhury that the provisions of Family Courts Ordinance is applicable only to the Muslims. Though in section 1(2) of the said Ordinance it has been mentioned that this law will extend to entire Bangladesh, according to Mr. Chowdhury Section 5 of the Ordinance has put a limit to the jurisdictio...... High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mohammad Fazlul Karim J Md. Joynul Abedin J Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Re...... This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..

Category: Family Law | Date: | Hits: 209

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....-General with Md. Ibrahim Khalil, Assistant Attorney-General - For State Respondent. Criminal Appeal No. 498 of 1995. Judgment AK Badrul Huq J.- Ajoy Kumar, 18 years aged student of Dinajpur Government College sustained stab wound on the right side of his chest on 25.11.1991 within Dinajpur...... a post mortem examination is required to be used as evidence, and the Civil surgeon or other medical officer who made the report is dead or is incapable of giving evidence or is beyond the limits of Bangladesh and his attendance cannot be procured without an amount of delay, expense or inconvenienc......T (HCD) (2007) 364. ......State, 42 DLR AD 130; Kundula Bala Subrahmanyam Vs. State of A.P. (1993) 2 SCC 684; Tawaib Khan and another Vs. The State, PLD 1970 SC 13. Lawyers Involved: Abdul Malek with S. M. Shahjahan and Md. Ariful Islam - For Convict-appellants. A. S. Md. Ramzan Khan, Deputy Attorney-General with Md..

Category: Criminal Law | Date: | Hits: 98