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Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56....... any accusation, not being a punishment as contemplated under Regulation 52(1) of Bangladesh Biman Corporation Employees (Service) Regulations, 1979, the ques­tion of any grievance for breach of the principles of natural justice for not giving notice or an opportunity of being heard does not arise ......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...

Category: Employment/Service Law | Date: | Hits: 111

Faridul Islam alias Faridul Alam and others Vs. State, represented by the DC, Chittagong and another, 2011, 40 CLC (AD)

.... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44....... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44.......subscription for their party office. After that, on 21-2-2004 under the direction of accused-petitioner No.1, accused-petitioner Nos.2-6, 8 and 9 had detained the informant at gun point and looted an amount of Taka 27,322 as well as other goods worth about Taka 5,35,007. On receipt of the FIR by the..

Category: Criminal Law | Date: | Hits: 85

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

.... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... Enquiry and took into account only three bill of entries and passed the Order bearing Nothi No. 4/A(340) oniom/JMS Glass/2005/986 (5)-3, dated 29-6-2006 deducting Taka 5, 22,489.43 from the demanded amount of Taka 3,03,67,190.10. The respondent arbitrarily demanded Taka 2, 98, 44,700.67 and imposed..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......ontention, the learned counsel has referred the case of BKN Pillai Vs. Pillai and anoth­er, AIR 2000 SC 614. 8. We do not dispute the last submission of the learned counsel. It is now established principle that the Court may at any time allow amendment of the pleadings to rectify error in any pr......erfering with the orders of the trial Court allowing the prayers for changing the pleadings for. a party after making admission of a relevant fact cannot be allowed to change the said admission which amounts to changing the nature and character of the pleading. In support of his contention, the lear..

Category: Civil Law | Date: | Hits: 86

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......ere tenant pays rent due to the full extent in due time, the defaulter cannot seek protection. In Zainul Abedin Vs. Nazira Banu, (1974) 26 DLR 221 the view taken is that the failure to deposit the amount of rent on the alleged ground that the necessary permi­ssion of the House Rent Controller ha..

Category: Property Law | Date: | Hits: 87

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......d figure and the issued capital at a correspondingly increa­sed figure" Shashibala Navnitlal Vs. C. I.T. (1964) 54 I.T.R. 478. 9. Section 2(6) (c) "income" was amen­ded by Amendment of 1967. The amount- ''Representing the face value of any share of the amount of any bonus declared, issued or..

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

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......ted a suit being Money Suit No.3 of 1978 in the First Court of Subordinate Judge, Barisal against the defendant for realisation of Taka 41,487.20 with cost and interest till realisation of the entire amount due under cash credit account accrued by mortgage along with other two accounts. Notice of th..

Category: Procedural Law | Date: | Hits: 80

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......entertain such application and pass a decree against the petitioner. It is further stated that during his absence while he was in the Jail hajat the impugned decree was passed behind his back as such principle of natural justice has been violated. It is also submitted that the impugned judgment is v......-88 but over-drew Taka 4,03,000.00 on 27-4-88. Altogether he has withdrawn Taka 85,000.00 on that date. On 31-7-88 respondent No.4 deposited Taka 6,84,775.00 and on 1-8-88 he had withdrawn the entire amount and thus had withdrawn an excess amount of Taka 6,84,755.00. It is alleged in the plaint that..

Category: Civil Law | Date: | Hits: 71

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......der the same and thereafter to arrive at its conclusions with reference thereto but it has no right to ignore the evidence of a party irrespective of the value that it may carry. Applying the correct principle regarding the appreciation of the evidence the Court has the right to believe or disbeliev......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...

Category: Procedural Law | Date: | Hits: 68

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......ous tests for deciphering the truth. 8. In this case, in his cross-examination P.W.1, without any ambiguity, stated that plaintiff Masuda Khatoon had put her LTIs in the plaint. We do not find any amount of ambiguity, confusion or uncertainty in the statement. This statement of P.W.1 was elicited..

Category: Property Law | Date: | Hits: 66

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......have been passed without issuing any show cause notice to the petitioner before-hand nor has she been given any opportunity to explain her position and conduct. These, therefore, are violative of the principle of natural justice. 3. An affidavit-in-opposition has been filed on behalf of responden......etitioner did not invest any money. In the report submitted by the Special Branch and the NSI it has been further pointed out that the petitioner cheated some garments manufacturing companies of huge amount of money. She violated the Foreign Exchange Regulation of the Bangladesh Bank. She did not ob..

Category: Criminal Law | Date: | Hits: 87

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......ly, that this is a clear case of discrimination. Since all the employees are not entitled to this loan but it is only a privilege for the senior executives of the Bank who are so entitled to the huge amount of car loan to the extent of Taka 13,00,000 and 12,00,000 without any interest. On top of it,..

Category: Others | Date: | Hits: 134

Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....he 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: 62 DLR (HCD) (2010) 59.......he 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: 62 DLR (HCD) (2010) 59.......r of Taxes acted illegally in disallowing substantial part of the justified expenses just on surmises and/or conjectures. 15. In Reference No.212 of 2002 he also submitted that the rejection of an amount of Taka 2,50,000 by the Deputy Commissioner of Taxes out of the debt of Taka 16,42,374 which ..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... are duty bound to bring the criminals to book. Besides, we feel that, now is the time to review the criminal law, at least to amend section 103 of the Code of Criminal Procedure, 1898, to review the principle that burden of proof never shifts in criminal cases, specially in the cases of corruption,...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..

Category: Criminal Law | Date: | Hits: 79

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......lowed the appeal and the same cannot be sustained in the eye of law. 18. In the case of Hajarilal Mondal Vs. Md. Mozaffor Bepari reported in 8 BLC (AD) 77 wherein it is held: ''It is a settled principle of law that the lower appellate Court being final Court of fact will have to discuss and r......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..

Category: Administrative Law | Date: | Hits: 230

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......nt projects under similar situation without considering the cases of the writ petitioners and thereby, they have been deprived of legitimate right of absorption. They claimed to be regularized on the principle of legitimate expectation in the revenue set up. As observed above, this petition was disp......y estoppel and this concept has been developed in the European Community Law. According to the doctrine, where a person is the victim of an unfavourable decision taken by a public authority, this may amount to an infringement of that person’s legitimate expectation, where, for example, the decisio..

Category: Employment/Service Law | Date: | Hits: 147

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

.... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... different Ministries. However, Bangladesh Railway received part payments on different occasions and the writ petitioner executed an Angikarnama on 03.02.2009 with commitment to deposit the remaining amount within a certain period. The writ petitioner Samity deposited the entire amount within the st..

Category: Civil Law | Date: | Hits: 70

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......Division may withdraw a case to itself without issuing any notice upon either party when some question of law or unusual difficulty is involved therein. 9. In the instant case, it appears that the principle as enunciated in the aforesaid rulings so referred to by the learned Deputy Attorney Gener......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...

Category: Criminal Law | Date: | Hits: 86

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......ascertain the identity of the actual convict, which is the pertinent question to be decided in this case, it does not, in any way, necessitate interference in the merit of the case. It is the age-old principle followed in dispensing with Criminal Justice that better several guilty persons should esc...... and allowed the prosecution's prayer for issuing custody warrant against the present petitioner by his order dated 6‑1‑2003 challenging which the present Rule has been obtained as the said order amounts to sheer abuse of the process of the Court. 4. At the time of issuance of the Rule this C..

Category: Criminal Law | Date: | Hits: 73

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......rame schemes in respect of management of estates at the airport, and aerodromes by itself. 7. Thirdly, in the prevailing circumstances, the petitioners are entitled to get the protection under the principle of legitimate expectation on the ground of assurance given by the authority and the practi......Regulations), particularly with regulation 2 which provides for appointment of three classes of employees­- probationer, permanent and temporary. 6. Secondly, appointment of a cleaning contractor amounts to delegation of powers of the Authority to the contractors and, as such, is hit by section ..

Category: Employment/Service Law | Date: | Hits: 125