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Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)

....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......…………….Respondents Judgment June 6, 2010. Result: The Rule is discharged and the petition dated 18-5-2010 for direction is rejected. Cases Referred to- Khalilur Rahman Vs. Bangladesh, 2000 BLD (AD) 152; 52 DLR (AD) 115; Shamsunnahar Salam Vs. Md. Wahidur Rahman, 51 DLR (A......R (HCD) (2010) 395. ......nd necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)

....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......arned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami Bank Bangladesh Limited filed CR Case No.138 of 2007 in the Court of Chief Metropolitan Magistrate, Chitt......) 377. ......g, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..

Category: Civil Law | Date: | Hits: 150

Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)

....er is a member, Badarkhali Co-operative. Agricultural and Rehabilitation Samity Limited, Cox’s Bazar and that the respondent Nos. 1, 2 and 9 are the public functionaries under the Ministry of Local Government, Rural Development and Co-operative, Rural Development and Co-operative Division the resp......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......ed in: 50 DLR (HCD) (1998) 426. ......ances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..

Category: Civil Law | Date: | Hits: 128

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....ection Tribunal, Barisal by the respondent No.1, the Bangladesh Election Commission, and it was registered as Election Case No.5 of 1996. Subsequently when an election tribunal was constituted by the Government for Barisal District, it was transferred to the Barisal Divisional Election Tribunal wher......HCD) (1998) 417. ......0 DLR (HCD) (1998) 417. ......ngladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..

Category: Election Law | Date: | Hits: 162

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

.... learned Advocate also submitted that the decree as passed being unenforceable is a nullity. 4. Mr. Nurullah in elaborating his submissions on the dismissal order referred to the provisions of the Government Servants (Discipline and Appeal) Rules, 1976 which is also applicable for the Corporation......r Vs. Mustafa Hussain & another……………………Opposite-Parties Judgment November 27, 1997. Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224;......50 DLR (HCD) (1998) 411. ......¦â€¦â€¦Opposite-Parties Judgment November 27, 1997. Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) ..

Category: Employment/Service Law | Date: | Hits: 182

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....n amongst Hindu females of Bengal. 4. After the partition of Bengal and India in the year 1947 and the creation of Pakistan as an independent State, the Administrator General and Official Trustee, Government of East Pakistan used to manage and administer the portion of trust properties, khas land...... (Testamentary and Intestate Jurisdiction) Present: Anwarul Hoque Chowdhury J Syed Wali Mohammad Salehuddin, Administrator General, Official Trustee and Official Receiver, Govern­ment of Bangladesh ............Petitioner. Judgment January 4, 1990. Result: The application is ......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...

Category: Trust/Waqf Law | Date: | Hits: 166

Pabna Motor Employees Association Vs. Member, Labour Appellate Tribunal and others, 1991, 20 CLC (HCD)

.... The Member, Labour Appellate Tribunal and others...............Respondents Judgment May 20, 1991. Result: The Rule is discharged. Cases Referred to- Dada Match Workers Union Vs. Government of Bangladesh and others, 29 DLR 188; Khulna Shipyard Employees Union Vs. General Manager......, Labour Appellate Tribunal and others...............Respondents Judgment May 20, 1991. Result: The Rule is discharged. Cases Referred to- Dada Match Workers Union Vs. Government of Bangladesh and others, 29 DLR 188; Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipy...... DLR (HCD) (1992) 265. ......eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ..

Category: Labour and Industrial Law | Date: | Hits: 171

Rehana Ahmed and others Vs. Nahar Shipping Lines Lim­ited, 1990, 19 CLC (HCD)

.... the Registrar, Joint Stock Companies alleging some mismanagement’s of Nahar Shipping Lines Ltd. Annexure "J" is also another letter written by Mrs. Rehana Ahmed to Secretary, Ministry of Commerce, Government of Bangladesh, bringing certain allegations regarding mismanagement of the company. Annex......ctor of the Company respectively. However, the bank account of the company was opened and operated by joint signatures of the respondent No.2 and late Md. Ashraf Ahmed. The company obtained loan from Bangladesh Shilpa Rin Sangstha (BSRS) Respondent No.3 and the Investment Corporation of Bangladesh (...... Reported in: 44 DLR (HCD) (1992) 256.......Dhaka. 2. The petitioners who are shareholders of the Company, have filed this application alleging, inter alia, that the petitioner Nos.1 and 2 are the original shareholders and their father late Md. Ashraf Ahmed was also a share holder of the company. After the death of Md. Ashraf Ahmed the pre..

Category: Company Law | Date: | Hits: 233

M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)

.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......rt High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Hoque Bhuyia J M.A. Mannan........................Petitioner Vs. Biman Bangladesh Air Lines........................Respondents Judgment March 6, 1989. Lawyers Inv...... ...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ..

Category: Employment/Service Law | Date: | Hits: 225

Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)

....ment Rules, 1984, provides that: “Appointment by promotion.—(1) Appointment by promotion to a specified post shall be made on the recommendation of such Departmental Promotion Committee as the Government may constitute in this behalf: Provided that in the case of promotion from a lower cla......diction) Present: K M Hasan J Md. Tafazzul Islam J Sazedur Rahman (Md.)……………………Petitioner Vs. Secretary, Ministry of Establishment, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23,......D) (1998) 407. ...... 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..

Category: Administrative Law | Date: | Hits: 326

Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)

.... 2. The case of the petitioner, in short, is that the schedule of election of both the Chairman and members of Chanpur Union Parishad within Thana Mehendiganj. District Barisal was declared by the Government to be held on 5-10-92. The respondent No.5 was appointed as the Returning Officer for con......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......R (HCD) (1998) 260. ......he Rule is discharged. Cases Referred To- Presiding Officer Vs. Sadaruddin Ansari and others, 19 DLR (SC) 516; AFM Shah Alam and others Vs. Mujibul Huq and others, 41 DLR (AD) 68; Rafiqul Alam (Md.) Vs. Mustafa Kamal and others, 42 DLR (AD) 137. Lawyers Involved: Probir Halder, Advocate..

Category: Election Law | Date: | Hits: 154

Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)

....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......d rec­ommend the Ministry of Law to review the provi­sions of section 199 of the Code of Criminal Procedure, 1898, that was enacted long before adopting the Constitution of the People's Republic of Bangladesh, guaranteeing some fundamental rights to each citizen of the country. Whereas, the provis...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Aftabuddin (Md.)…………………………………..Petitioner Vs. State and others………………………………….Opposite Party Judgment July 7,......d compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...

Category: Criminal Law | Date: | Hits: 79

Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtazuddin Ahmed J Md. Shamsul Huda J  Humayun Hossain Khan.............................Appellant Vs. Bangladesh & others………………………………….Respondent Judgment October 20, 201...... Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtazuddin Ahmed J Md. Shamsul Huda J  Humayun Hossain Khan.............................Appellant Vs. Bangladesh & others………………………………….Respondent Judgment October ......e above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..

Category: Civil Law | Date: | Hits: 138

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

....eirs; (1) Musammat Masuda Begum and others ..........................Opposite Parties Judgment May 2, 1994. Result: The Rule is discharged. Cases Referred to- Ali Ekabbar Farazi Vs. Government of Bangladesh, 26 DLR 394; Shyamapada Singha and others Vs. Dhirendra Nath Bhadra alias S......mmat Masuda Begum and others ..........................Opposite Parties Judgment May 2, 1994. Result: The Rule is discharged. Cases Referred to- Ali Ekabbar Farazi Vs. Government of Bangladesh, 26 DLR 394; Shyamapada Singha and others Vs. Dhirendra Nath Bhadra alias Sutka Bhadra &a...... High Court Division (Civil Revisional Jurisdiction) Present: Mainur Reza Chowdhury J Abdul Kader and another ...............................................................Petitioner Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others ............................ 9 DLR 439; Ram Das and others Vs. Brindaban Ram, AIR 1931 All 113; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah and others, 19 DLR 404; Daulat Ltd. Vs. Pubali Bank Ltd., 39 DLR 243; Benoy Bhusan Saha Vs. Md. Abdul Samad, 6 DLR 50; Punjab National Bank Ltd. Vs. Messrs. Dewan Co. and others, 7 DLR (Lahore..

Category: Property Law | Date: | Hits: 78

Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)

....¦â€¦â€¦â€¦â€¦Petitioner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Divis......etitioner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others......€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resource......s Vs. Azizuddin Industries Ltd. Chittagong, PLD 1970 (SC) 439; AIR 1963 (SC) 848; Ali Akbar Khan Vs. Bangladesh and others, WP No. 630 of 1979 (unreported). Lawyers Involved: Mainul Hosein with Md. Joynul Abedin, Advocates ‑ For the Petitioners (In both the writ petitions). AK Mujibur Rah..

Category: Fiscal/Taxation Law | Date: | Hits: 155

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

....pellant Vs. Ananda Shipyard and Slipways Ltd.............Respondent Judgment December 14, 2010. Result: The appeal is allowed. Cases Referred to- Associated Engineering Co Vs. Government of Andhra Pradesh, AIR (SC) 232; Hyundai Corporation Vs. Sumikin in Bussan Corporation, 2......nand, 7 SCC 348; Olympus Super Stracture Pvt. Ltd. Vs. Meena Vijoy Khetan, 5 Supreme Court Case 651; Executive Engineer LGED, Rangpur Vs. A Latif & Company Ltd., DLR 656; Ananda Builders Ltd. Vs. Bangladesh Water Transport Authority, 57 DLR (AD) 31; Bangladesh Power Develop­ment Board Vs. Arab ......11) 226. ......e order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

...........t High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Amjad Hossain……………………Petitioner Vs. Government of Bangladesh and others……………………Respondents Judgment June 24, 1998. Result: ......998) 458.......n as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...

Category: Fiscal/Taxation Law | Date: | Hits: 138

Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)

....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......s. It appears from paragraph 7 of petition of complaint upon which complaint case No.179 of 1987 was started that the accused submitted an application to the Secretary, Ministry of Law of the Govt of Bangladesh and another to the Hon'ble Chief Justice of Bangladesh against the Complainant and the ap......8) 456. ......of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..

Category: Criminal Law | Date: | Hits: 75

Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)

....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......Registrar of Trade Marks and the Controller of Patents and Designs and his applications are pending disposal. It is also the case of the petitioner that he is selling Chandan National Fans throughout Bangladesh with the knowledge of respondent No.1. This respondent No.1 on 9‑4‑91 served a legal ......98) 453.......etitioner Vs. National Fans Ltd. & another……………Respondents Judgment January 16, 1995. Result: The petition is rejected. Lawyers Involved: Kh Nurul Islam with AS Md. Ramzan Khan, Advocates - For the Petitioner. Syed Ishtiaq Ahmed with Miss Nihad Kabir, Advoca..

Category: Intellectual Property Law | Date: | Hits: 257

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....ion and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......s Case is also Reported in: 62 DLR (HCD) (2010) 430. ......evisional Jurisdiction) Present: SM Ziaul Karim J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jessore………………………..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 1...... Roy Vs. Upazila Nirbahi Officer, 46 DLR 136; Nittya Gopal Roy Barman Vs. Pran Gopal Nandi, 32 DLR 11; Akrab Ali Vs. Zahiruddin kari, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; Abdul Mutalib Vs. Md. Mostakin Ali, 1999 BLD (AD) 156 = 51 DLR (AD) 228; 38 DLR (AD) 201. Lawyers Involved: Shei..

Category: Property Law | Date: | Hits: 98