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Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ......own accord and it is also fact that during the partition suit being No.150 of 1951 though the Ator Ali was the defendant No.10, but he neither filed written statements nor prayed for saham. But if anybody who had acquired land in a partiable land, do not pray for saham in a partition suit his right,..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)

....urt Division (Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Respondents ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ..

Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4

Taposh Malaker Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others, 2013, 42 CLC (AD)

.... Surendra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Choudhury J Taposh Malaker..............Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others……......made on proper appreciation of law and facts do not call for interference. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 1. ..

Category: Election Law | Date: 7 May, 2013 | Hits: 6

Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)

....th the Rules are disposed of. Cases Referred to- Professor Md. Yumus Vs. Bangladesh 63 DLR 260; ASF Rahman Vs. Bangladesh Bank 20 BLD (AD) 32 = 52 DLR (AD) 61 and JIT Knit Composite Ltd Vs. Government of Bangladesh 18 BLC 480. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate ......ing are mine) 12. On a combined reading of the above provi­sions we want to reiterate that under Bank compa­nies Act, 1991 Bangladesh Bank holds a sublime position as a strong regulatory body and can inter­fere with the functioning and business of banking Companies in a given situat..

Category: Banking Law | Date: 2 May, 2013 | Hits: 3

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ......ggrieved by this order, the appellant preferred an Appeal before the Tribunal under section 196A of the said Act. However, the Tribunal dismissed the same for default vide order dated 23-1-2007 as no body was found present on behalf of the appellant when the said Appeal was taken up, or called up, b..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....servation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......gladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 1991 Bangladesh Bank holds a sublime position as a strong regulatory body and can interfere with the functioning and business of banking Companies in a given situation. ..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Bureau Veritas (BIVAC) Bangladesh Ltd. Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others, 2013, 42 CLC (HCD)

....ed notice dated 12.01.2003 asking the appellant to show cause as to why action should not be taken against it for certifying wrong H. S. Code against the imported goods causing loss of revenue to the Government. The appellant by letter dated 26.01.2003 replied the notice asserting that the CRF certi......the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....nce 1987. Pointing out to Annexure- X-3 of the affidavit-in-opposition filed on behalf of the respondent No. 5 Zilla Parishad, Mr Ahsanul Karim the learned Advocate submits that the Ministry of Local Government Rural Development and Co-operatives by its memo No.স্মারক নং পজেই......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

.... assembly on the road carrying a banner of the banned organization namely 'Hijbul Tahrir' and also chanted slogan to establish 'Khilafat State' in Bangladesh and to topple the present Government; the informant party chasing the said persons arrested the present accused while others w......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... tried. 8.  During the course of trial prosecution has examined as many as 10 witnesses including eye­witness P.W.2 Shona Moni and P.W.9. Dr. ATM Rakib Chowdhury who held autopsy on the body of the deceased and found that cause of death was due to shock and haemorrhage resulting from ..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....s dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the pub­lic………………&hellip......arium. Upon completion of the project they will continue as permanent employees and paid under the Pourashava budget. Community health workers will be working on honorarium." Even in the highest body of the Government, 'ECNEC', a positive decision was taken to absorb respondent Nos. 1 t..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

State Vs. Romana Begum alias Noma, 2013, 42 CLC AD

....udicial mind for imposing a lesser sentence though it was a case of gruesome double murder of two Inmates of a house by the maid servant, where one victim was a prospective doctor and the other was a Government College teacher and if the lesser sentence was given it may encourage repeti­tion of ......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..

Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5

Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)

....aterial allegations made in the plaint contending, inter alia, that the suit was not maintainable as it stands framed. It was claimed that 12 decimals of land out of the suit land was acquired by the Government vide LA. Case No. of 1935-36 and thereafter .054 acre of land was acquired for the devel...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

.... the case was investigated by the Bureau of Anti-corruption. We need to take into consideration the charge sheet as well. The Investigating Officer in his charge sheet stated inter alia that the then Government on 10.12.1994 took a decision to purchase a Frigate as per requirement of the Navy. Accor......s the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. 28. In the instant case, th..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....ourt High Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Shamir Chandra Sajwal and others.........Plaintiff-Respondent-Petitioners Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment  ......no order as to costs. 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: 18 BLC (HCD) (2013) 386.   ..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)

.... assessment committee is without lawful authority. Mr. Sikder further submits that section 25 (3) of the Customs Act provides an official notification of minimum value for any particular goods by the Government, in absence of which the determination of minimum value as done in the present case is wh......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

.... On 19-8-1998, one Abdullah-al-Zahid, an officer of the Bureau of Anti-Corruption, Dhaka lodged an ejahar with Dhanmondi Police Station against the accused-petitioner alleging, inter-alia, that the Government on receipt of the information and after making preliminary enquiries became satisfied tha...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

....te-parties Judgment January 17, 2013. Result: The application is rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18;Pirjada Syed Shariatullah Vs. Government of Bangladesh, 61 DLR 64714 BLD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37......nbsp;     53. This provision of law clearly and consciously ousted the power of sanction of the Government keeping the sprit that Anti-Corruption Commission being a statutory body it should be free from any interference by the Government. Section 20(1) of the ..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

.... Court High Court Division (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Resul......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..

Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....esh. Whether we look at it as a facility given to a person to travel abroad or as a request to a foreign country to give the hold­er diplomatic protection, it cannot be denied that the Bangladesh Government, by refusing a permit to a person residing in Bangladesh, completely prevents him from tr......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2