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Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....reme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abdul Latif Howlader and others ……………… Petitioners Vs. Government of Bangladesh and others …………………..Respondents Judgment January 21, 20......High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abdul Latif Howlader and others ……………… Petitioners Vs. Government of Bangladesh and others …………………..Respondents Judgment January 21, 2009. Result:......e is also Reported in: 61 DLR (HCD) (2009) 707. ......7. ..

Category: Employment/Service Law | Date: | Hits: 216

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......tterjee Vs. Umme Salma, 8 BLT (AD) 168 = 51 DLR (AD) 238; Arun Karmakar Vs. State represented by the Deputy Commissioner Satkhira and another, 8 MLR (AD) 162 = 7 BLC (AD) 61; Mongol Chandra Nandi Vs. Bangladesh represented by the Secretary Ministry of Home affairs and others, 2 MLR 1997 (AD) 62 = 2 ...... Result: The Rule is made absolute. When the state does not raise any objection in such circumstances the High Court Division can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High C...... 19. ..

Category: Criminal Law | Date: | Hits: 176

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

..../S. United Leather International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others 18 BLT 277; Humayun Hossain Khan Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Finan......a Rin Adalat and others, 17 BLT (AD) 204; Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others 18 BLT 277; Humayun Hossain Khan Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others, 61 DLR (AD) 92; Mir Moti......sdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment December 3, 2012. Result: The...... (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment December 3,..

Category: Civil Law | Date: | Hits: 254

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....mparison of ICB 1st Mutual Fund with AIMS First Guaranteed Mutual Fund and other funds cannot be made. By stating so, SEC endorsed issuance of stock dividend by ICB 1st Mutual Fund. All Mutual Funds, Government or private, are equal to SEC. It cannot discriminate amongst them, (emphasis is ours) ......udul Islam - For Respondent Nos.1 and 2. Writ Petition No.5796 of 2008. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the Respondent Nos.1 and 2 to show cause as to why t......se is also Reported in: 30 BLD (HCD) (2010) 49. ...... High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ibrahim Akand and others………………………………Petitioners Vs. Securities and Exchange Commission and others……………………………Respondents ..

Category: Business or Commercial Law | Date: | Hits: 462

Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)

....enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further vested property case can be started thereafter on the basis of the law which is already dead . . . Claim of the Government or by the vested property authority that certain property is a vested property, without t......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......oncerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Salma Masud Chowdhury J Mehir Chandra Bhomick......................................................Petitioner Vs. Deputy Commissioner, Brahmanbaria and others....................Opposite parties Judgment..

Category: Property Law | Date: | Hits: 155

Ranjit Vs. Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others, 2007, 36 CLC (HCD)

....cted to pay the salary and other benefit to the petitioner in accordance with law. 10. However, there will be no order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 19. ......08) 19. ......t: Mirza Hussain Haider J Md. Rais Uddin J Ranjit………………………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others……………………………….Respondents Judgment August 5, 2007. Result:......CD) (2008) 19. ..

Category: Criminal Law | Date: | Hits: 143

Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......t Attorney General - For the Respondent.  Writ Petition No. 5840 of 2004. Judgment Md. Rais Uddin J.- On an application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the letter b......Division (Special original Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Transfin Trading Ltd…………………………Petitioner Vs. The Commissioner of Customs and others……………………………Respondents Judgment October 11, 2010. Result:...... 359. ..

Category: Fiscal/Taxation Law | Date: | Hits: 194

Kamal Imports and Exports Ltd. & another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....nnot impose excess VAT more than 15% and thereafter the NBR issued two separate ব্যাখ্যা পত্র wherein they clearly stated that since some importer had evaded VAT and for which Government decided to collect 1.5% advance trade VAT and the importer is entitled to take rebate or ......Import and Export. 13. The petitioner in course of his business opened a Letter of Credit being L/C No.2217-05-01-0232 dated 16-4-2005 issued by Mutual Trust Bank Limited, Principal Branch, Dhaka, Bangladesh for importing of Brazil Origin White Sugar at the rate of US$ 275 per metric ton under HS......This Case is also Reported in: 16 BLC (HCD) (2011)351. ...... High Court Division (Special Original Jurisdiction) Present: Ashfaqul Islam J SM Emdadul Hoque J Kamal Imports and Exports Ltd. & another………………………Petitioners Vs. National Board of Revenue and others………………………Respondents Judgment Au..

Category: Fiscal/Taxation Law | Date: | Hits: 220

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

.... High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Moazzam Husain J Gopinath Das and others……………………Plaintiff-Petitioners Vs. Government of Bangla­desh & others……………………..Defendant Opposite-Parties Judgm......ners Vs. Government of Bangla­desh & others……………………..Defendant Opposite-Parties Judgment May 12, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Vs. A Wadud, 25 DLR (SC) 90; Chowmuhuni College Vs. Ismail Hossain, 26 DLR 10; Sajjadul H......Case is also Reported in: 64 DLR (HCD) (2012) 167. ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Moazzam Husain J Gopinath Das and others……………………Plaintiff-Petitioners Vs. Government of Bangla­desh & others……………………..Defendant Opposite-Parties ..

Category: Property Law | Date: | Hits: 149

Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)

..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......se No.59 of 2006 against the petitioner in the Court of learned Magistrate, 1st Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in differ­ent financial business including giving loan to the customers......t opposite party No.1 filed a Complaint Case No.59 of 2006 against the petitioner in the Court of learned Magistrate, 1st Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in differ­ent financial busin...... ..

Category: Civil Law | Date: | Hits: 217

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....velopment Board Vs. Progati Prakaushali, 49 DLR 335; Haji Amir Bux Vs. Sono Khan, PLD 1979 Karachi 45; Bangladesh Water Development Board Vs. Nasim and Brother, 1988 BLD 369; Mol Enterprises Inc. Vs. Government of the People's Republic of Bangladesh, 7 BLT 26; Mol Enterprises Inc Vs. Government of t......rt High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shah Alam (Md.)………………………Plaintiff-petitioner Vs. Bangladesh Water Deve­lopment Board……………………Defendants-Opposite Parties Judgment ......d. Al-Akram (Badal), 46 DLR 122; Bangladesh Water Development Board Vs. Progati Prakaushali, 49 DLR 335; Haji Amir Bux Vs. Sono Khan, PLD 1979 Karachi 45; Bangladesh Water Development Board Vs. Nasim and Brother, 1988 BLD 369; Mol Enterprises Inc. Vs. Government of the People's Republic of Banglades......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shah Alam (Md.)………………………Plaintiff-petitioner Vs. Bangladesh Water Deve­lopment Board……………………Defendants-Opposite Parties Ju..

Category: Civil Law | Date: | Hits: 195

Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ...... (2012) 241. ......……..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and oth­ers, 15 BLD 644. Lawyers Involved: Md. Khurshid Alam Kh......ion (Civil Revisional Jurisdiction) Present: Khondker Musa Khaled J SH Md. Nurul Huda Jaigirdar J Bank of Small Industries & Commerce Bangladesh…………………..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. ..

Category: Civil Law | Date: | Hits: 161

Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)

....Patuakhali, between the period of February, 1969 to May 1963 in his capacity as a public servant allegedly realised rents from the tenants and defalcated the same without depositing the amount in the Government Treasury and accordingly a First Information Report was lodged on 18.2.71 against the pet......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ...... made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings can be quashed……………...... (Jessore Bench) (Criminal Revisional Jurisdiction) Present: Abdur Rahman Chow­dhury J Anwarul Hoque Chowdhury J Makhlekur Rahman………………………..Accused Petitioner Vs. The State……………………………Opposite Party Judgment October 14, 1982. ..

Category: Criminal Law | Date: | Hits: 62

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......ourt recommending quashment of the said Criminal Case. 3. The petitioner's case is that he was the Managing Director of Dhaka Paints Limi­ted which was the principal agent dealer of Berger Paints Bangladesh Limited of which the Opposite party is the Regional Sales Manager. As the appointed agent......itioner Vs. The State & another………………………Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR 327; A.I.R. 1938 (Madras) 129;AIR 1956 Ma...... High Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: Latifur Rahman J Amin-Ur-Rahman Khan J Shaikh Obaidul Haq………………………Petitioner Vs. The State & another………………………Opposite Parties Judgment February 20..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....och, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt. of Bangladesh and others, 30 DLR 423; Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Manik Chowdhury Vs. Government of Bangladesh and......Jilani Vs. Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt. of Bangladesh and others, 30 DLR 423; Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31......Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt. of Bangladesh and others, 30 DLR 423; Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1......ng Bench) (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sultana Ara Begum………………………………Petitioner Vs. Secretary, Ministry of Home Affairs & others……………………………………Res..

Category: Criminal Law | Date: | Hits: 78

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....esent: A M Mahmudur Rahman J K M Hasan J Kazi Aftabuddin and others……………………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land, Government of the People's Republic of Bangladesh and others…………………………………......igh Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J K M Hasan J Kazi Aftabuddin and others……………………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land, Government of the People's Republic of Ba......This case is also Reported in:49 DLR (HCD) (1997) 422. ......rt High Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J K M Hasan J Kazi Aftabuddin and others……………………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land, Government of the People's Republi..

Category: Property Law | Date: | Hits: 67

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......Artha Rin Adalat & others………………………………..Respondents Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory, 51 DLR ......nts Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory, 51 DLR 323; Burma Eastern Ltd. Vs. Burma Eastern Employees Union, 18 DLR 709; Shaf......91. ..

Category: Civil Law | Date: | Hits: 176

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....s lacking otherwise it possess exclusive jurisdiction to hear any dispute of an employee in the service of the Republic................................(15) Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; Government of Bangladesh Vs. Mohammad Faruque, 18 BLD (AD......upreme Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Nuruzzaman J Muslim Uddin……………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. ......t High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Nuruzzaman J Muslim Uddin……………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. Result: ...... 161. ..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....41, 79, 84 and 117; Gazette Notification dated 21-8-1989 in respect of the land of plot Nos.84 and 79 and Gazette Notification dated 4th September, 1990 in respect of plot Nos.17 and 117 by which the Government acquired the aforesaid property of the petitioners situated at Mouza-Chakoli, JLNo.214, P...... Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Jahangir Hossain J Mangal Chandra Sarker and others…………………………….Petitioners Vs. Bangladesh and others………………………….Respondents Judgment October 27, 2011. ......Case is also Reported in: 64 DLR (HCD) (2012) 152. ......h Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Jahangir Hossain J Mangal Chandra Sarker and others…………………………….Petitioners Vs. Bangladesh and others………………………….Respondents Judgment October 27, 20..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....rred to as the Ordinance, was introduced for the purpose of collection and realisation of business turnover tax from the traders who were engaged in the goods and services as may be determined by the Government by a notification in the official Gazette. In pursuance to the Ordinance, the Government ....... 3 in pursuance of SRO No. 318 issued a letter dated 23- 7-84 under the signature of the Range Office requiring the petitioner to obtain registration on deposit of Taka 100 by treasury chalan in the Bangladesh Bank and to apply for a registration of his business firm in the prescribed form. Consequ......urt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J Dr. Md. Habibullah……………………Petitioner Vs. Additional Secretary and Member (Appeal and Revision) and others………..Respondents Judgment May 15, 2007. Re......4. ..

Category: Administrative Law | Date: | Hits: 491