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Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

....J, in delivering the judgment for the Indian Supreme Court, stated at paragraph 14 of the judgment at page 770; ‘In the end, writ petitioner won the battle but lost the war, for she got an abstract declaration that her exclusion was invalid but was denied the concrete direction to be admitted into...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village an..

Category: Criminal Law | Date: | Hits: 133

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......f 2003 (arising out of Mortgage Suit No.33 of 1996) rejecting the petitioner’s application filed under section 20 of the Financial Institutions Act, 1993 for appointment of an audit commissioner by Bangladesh Bank to inspect and examine his C.C. account. 2. Facts relevant for disposal of the Ru..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....nd by the notification issued by the Government. 67. Their Lordships seem to be of the view that inasmuch as the Government being the sovereign authority has made a pronouncement in the shape of a declaration by way of a noti­fication and a citizen seeks to enforce it, a statutory Corporation co......ect of matters co­vered by the principle. 46. Mr. Pal, Counsel for the appellant, re­ferred to 'text book on’ ''Administrative Law" by H. W.R. Wade, 3rd Edition, PP. 43-44 (1971) wherein legal independence of statutory corporations has been considered. As no ques­tion involving the exercise ......) (1978) 169. ..

Category: Others | Date: | Hits: 154

AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)

....t did neither raise any such objection before the court allowing the miscellaneous case nor moved the higher court in revision against the order passed in the miscellaneous case, a regular suit for a declaration that the res­toration of the S.C.C suit was illegal was not maintainable as being barre......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..

Category: Procedural Law | Date: | Hits: 109

Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)

.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ....... 2. The respondent No.1 as the writ petitioner moved the High Court Division challenging the Memo No.O:Pro:Dha:U/239(6) dated 7.1.2003 issued by the petitioner No.2, the Administrator of Waqf of Bangladesh constituting the Managing Committee of Hazrat Malek Pir Yamani (R) Nazar Waqf Estate (E.C..

Category: Trust/Waqf Law | Date: | Hits: 148

Md. Shahidullah (Kamal) Vs. Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others, 2006, 35 CLC (AD)

....sion of the area in question (Khenapur Mouza) into newly declared Palash Pourashava as an urban area for inclusion therein. The purpose and intent of the issuance of the public notice at the stage of declaration of municipality was to appraise to the local inhabitants about the above proposed declar......ion made by Mr. Afric." Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: ...... JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Shahidullah (Kamal)……………………………………………………Petitioner Vs. Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others………………â€..

Category: Election Law | Date: | Hits: 190

Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)

....iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......sed. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 79

M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)

....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......he goods/garments. Thereafter a person came from Korea and conducted the inspection being employed by the defendant No.1 for and on behalf of the principal/buyer but suddenly and mysteriously he left Bangladesh without informing the plaintiff. At this stage they also took undue advantage of the sudd..

Category: Business or Commercial Law | Date: | Hits: 208

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......coereion in abnormal situation then prevailing in the country. But on a reference to the Proclamation dated 7th of April, 1979 it appears that Lieutenant General Ziaur Rahman was elected President of Bangladesh under the Constitution held on 3rd June, 1978 and entered upon the office of President an..

Category: Procedural Law | Date: | Hits: 74

Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)

....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......erests of the rent receiver shall vest absolutely in the Government free from all encumbrances. It is not disputed that on and from 14th April, 1956 rent receiving interest of all rent receiv­ers in Bangladesh were acquired under this section, and so the relationship of landlord and tenant so far a..

Category: Property Law | Date: | Hits: 60

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

....assed by the Second Court of Munsif Tangail in Title Suit No. 37 of 1972. The facts necessary for the disposal of the appeal may be stated as under: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-app­ellants ......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...

Category: Property Law | Date: | Hits: 79

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....s the mandatory requirements of the Rule 12(1) of the VAT Rule. From Annexure-'E' to the petition it could be found that in terms of Rule 12(1) the petitioner after duly filling up Mushak-9 form made declaration informing the change of the name of the company as 'MJL Bangladesh Ltd.' So, the petitio......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......e Nos. B1, C1, C2, C3, C4 and E1 in the Writ petition and Annexure No.I, J and K of the Supplementary Affidavit was stayed by this Division. 3. The background leading to this Rule is that Organon (Bangladesh) Limited, a pharmaceutical company was registered for VAT. There was a man­agement buyou..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ...... Mahbubul Huq, Advocate—For the Respondents. Writ Petition No. 2429 of 2005 Judgment Mamnoon Rahman J.- In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner has chal­lenged the impugned judgment and order dated 30-11-2004 passed ..

Category: Labour and Industrial Law | Date: | Hits: 201

Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

.... the plaintiff instituted the Title Suit No. 230 of 1982 in the Court of Assistant Judge, Sadar Noakhali impleading the predecessor of the defendant petitioner and 3 others as proforma defendants for declaration of title of the suit schedule land of the plaint stating, inter alia, that the suit land......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..

Category: Property Law | Date: | Hits: 88

Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)

....lowance of 15% from the super tax in respect of the dividend declared out of its profits, its ratio would exceed by more than 10% of the rate payable by the Companies which made arr­angement for the declaration and payment of dividends. 3. The Commissioner of Income Tax, the appellant, moved the......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...

Category: Fiscal/Taxation Law | Date: | Hits: 143

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......The relevant part of section 36 of the Act reads as under: 36. Repeals and Savings.- (1) The Security Act, 1952, (XXXV of 1952) the Public Safety Ordinance 1958 (E.P. Old. LXXVIII of 1958) and the Bangladesh Scheduled Offences (Special Tribunal) Order, 1972 (P.O. 50 of 1972), are hereby repealed...

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh and others Vs. G. M. M. Mizanuar Rahman Bhuiyan and others, 2011, 40 CLC (AD)

.... file con­cise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready. Ed. This Case is also Reported in: 9 ADC (2012) 381....... file con­cise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready. Ed. This Case is also Reported in: 9 ADC (2012) 381.......urendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, repre­sented by Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka ..

Category: Employment/Service Law | Date: | Hits: 133

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....e civil petitions for leave to appeal, in short, are as follows:- One Hajee Abdul Majid filed Other Class Suit No.113 of 1995 against the Deputy Commissioner, Mymensingh and some other persons for declaration of title and confirmation of possession in 2.85 acres of land out of total 35.35 acres o......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...

Category: Property Law | Date: | Hits: 68

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368....... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368.......l) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhah Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Sugar and Food Industries Corporation and others....................Petitioners Vs. ..

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dh..

Category: Employment/Service Law | Date: | Hits: 211