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Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)

....f Paurashava and Panel Mayor No. 1 of Teknaf Paurashava, Upazila-Teknaf, District—Cox’s Bazar. …………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Local Government, Rural Co-operative, of the People’s of the People Republic of Bangladesh Secretariat, ......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360...

Category: Others | Date: | Hits: 136

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

....alled the N.B.R). The petitioner is an assessee and has been paying taxes since beginning of his practicing career in 1959 and has been recognized as a "long term and zonal highest tax payer" and the Government awarded him in honour of his being one of the zonal longest time tax payer and he receive...... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

.... 45 DLR; Hussain Bakhsh Vs. Settlement Commissioner, Rawalpindi 1970 PLD (SC) 1; Sabitri Takurani Vs. Savi 1921 AIR PC 80); Thakur Prasad Vs. Fakirullah, ILR 17 Allahabad 106 ; Neerala Tea Estate Vs. Government 41 DLR 90; Khapan Bittalin co-operative society Ltd. Vs. Nagendra Mahisiya Das, Supra; Si......bserved, “While I would prefer not to accept those limitations as if they placed any technical obstruction in the exercise of the review jurisdiction of this Court, I would accept that they would embody the principle on which this court would not, in the exercise of such jurisdiction. It is not be..

Category: Administrative Law | Date: | Hits: 371

Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)

....t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......conscious and was taken to Chandina Hospital for treatment wherein doctor declared him dead. On receiving the information police recorded a diary and came to the hospital and made inquest of the dead body. Thereafter on the following day at about 8‑30 AM a First Information Report was lodged by Ka..

Category: Criminal Law | Date: | Hits: 117

Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)

....icable" indicates that the decision on delimitation of the territorial constitution rests with the Election Commission. Again, the expression "administrative convenience" is a matter of policy of the Government which has to be considered keeping in view the ever growing population in the area and it......d after hearing the preliminary list was published and thereafter it called for objection in compliance with section 6(3) of the Ordinance. We do not find that the order has been objected to by anybody on the ground of mala fide as it is contended by Mr. Islam now before us. As the Election Commi..

Category: Election Law | Date: | Hits: 271

Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)

....iginal jurisdic­tion unless the accused has been sent to it a Magistrate duly empowered in this behalf. (2) Additional Sessions Judge and Assistant Sessions Judge shall try such cases only as the Government by general or special order may direct them to try as the Sessions Judge of the division,...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..

Category: Criminal Law | Date: | Hits: 92

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

.... Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are accordingly made absolute. Cases Referred to- Farid Sons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Zakir Ahmed Vs. University of Dacca through its Vice-Chanc......y clear that if the act in question is judicial or quasi judicial in nature and not administrative, the principles of natural justice will apply irrespective of the character of the persons or the body performing the same. The learned Advocate for the petitioners has referred to the case of Zaki..

Category: Others | Date: | Hits: 168

Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....e other police personnel went on duty at Mithapukur area and came to know from secret source that "Dust Fish" of Shatibari Fisheries are being sold at a higher rate than that of the rate fixed by the Government. Getting such information, the informant along with some members of RAB rushed there and ......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...

Category: Anti-Corruption Laws | Date: | Hits: 142

Saint Martin Commodities Limited Vs. Chairman & Joint Commissioner, Licensing Authority, Customs House & Others, 2010, 39 CLC (HCD)

....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 49. ......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 49. ..

Category: Business or Commercial Law | Date: | Hits: 656

Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....akira Vs. Anisur Rahman, 1 BLC 102; Gita Rani Vs. Bangladesh, 36 DLR (AD) 225; Md. Rafiq Vs. Md. Zahur Nasir, 8 DLR (WP) Lahore 56; 33 IA 60; Ashraf Ali Vs. Etim Ali, 11 DLR 185; Grida Lal Vs. Bengal Government, (1868) 12 MIA 448; Sree Jukta Haladhar Karmakar Vs. Bangladesh, 26 BLD 529; Karimunnessa...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...

Category: Property Law | Date: | Hits: 147

Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....o- Cus­todian General Vs. Hannam Singh (AIR 1957 Punj.58); Province of W. Pak. Vs. Md. Ayub Khuhro (PLD 1967 Kar, 673); State Bank of Pak. Vs. Kara­chi Development Authority (PLD 1961 Kar. 216); Government of Pak. Vs. Abdul Majid (PLD 1963 Kar 653); Abdul Latif Vs. Govt. of W. Pak. (PLD 1962 (S......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ..

Category: Civil Law | Date: | Hits: 171

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

....the prosecution has necessarily to rely on circumstantial evidence to establish its case. Mr. Mamun in this regard has referred to a decision in the case of State, represented by the Solicitor to the Government of the People's Republic of Bangladesh Vs. Md. Shafiqul Islam alias Rafique and another r......an UD Case No.1/1989 was started on the death of Suily Begum, wife of the accused. One Daroga Shah Alam took up the investigation of the case and he came to the place of occurrence and found the dead body of the victim Suily Begum lying in the kitchen of the accused informant and then made a suratâ€..

Category: Criminal Law | Date: | Hits: 135

Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)

....he suit holding including suit land and began to possess the suit land exclusively. After death of Darika Nath his only son, the plaintiff acquired the same and is in possession by paying rent to the Government. In the SA khatian names of Girish Chandra and Sukomon Singh were wrongly recorded with t......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..

Category: Property Law | Date: | Hits: 123

Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)

.... defendants have been depositing the rent since then in the House Rent Control Case No.38 of 1984 and as such they are not defaulters. The defendant’s further case is that they paid rent to the Government and taxes to the Pourashava for the suit premises amounting to more man Tk.500/-. The pla......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is de­creed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ..

Category: Tenancy Law | Date: | Hits: 214

Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)

....ia Vs. Bangladesh and another, Zahidul llaque Vs. Bangladesh and another and the case of Wahed Ali & others Vs. State reported in 32 DLR (AD) at pages 35, 33 and 229. In the case of Siraj Mia Vs. Government reported in 32 DLR page 35 the principle laid down is that under the Special Towers Act, ...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..

Category: Criminal Law | Date: | Hits: 103

Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....ing of Tk.1,10,45, 529/= as due from the plaintiff-petitioner by the opposite party's letter dated 28.9.80 is mala fide, illegal, etc., that the agreements signed by the plaintiff-petitioner with the Government on 4.2.71 and with the opposite party on 25.3.77 is void, unenforceable and illegal being......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..

Category: Civil Law | Date: | Hits: 119

Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)

....lenged before us. 3. Mr. Humayun Hussain Khan, the learned Advocate appearing for the accused petitioners, sub­mits that section 339D contemplates revival of a case on an application filed by the Government and in the present case the Public Prosecutor who filed the application for revival had n....... The Ses­sions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ..

Category: Procedural Law | Date: | Hits: 143

Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)

....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......15 hours and saw some persons were sitting in Rafiq's tea stall. Seeing the informant party they tried to flee away, but the information party apprehended accused-Delwar and they made a search on his body and recovered a 0.32 bore revolver loaded with 2 round bullets. On query the accused-Delwar fai..

Category: Criminal Law | Date: | Hits: 128

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

....e, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. The fact relevant for disposal of the rule, in short, is that the then Government through the Bureau of Anti Corruption lodged FIR with Tejgaon Police Station upon which T......of Tejgaon PS Case No.34(8) 2002, 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) 26. ..

Category: Criminal Law | Date: | Hits: 106

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....s under probation in case there is no stipulation in the Regulations that after the completion of period of probation an employee will be automatically confirmed. Regulation 6 of the Recognised Non‑Government Secondary School Teachers (Board of Intermediate and Secondary Education, Rajshahi) Terms......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..

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