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Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......ee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all necessary……..(29) Lawyers Involved: Rokonuddin Mahmud, Se......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......it considers expedient so to do retire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all necess..

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)

.... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ...... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ...... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ......bsp; Present:   Mahmudul Amin Choudhury CJ   Md. Ruhul Amin J   KM Hassan J    Bangladesh and others.…………..Petitioners   Vs. &nbs..

Category: Criminal Law | Date: | Hits: 65

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

.... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ......n November, 1956 conveyed the land for the consideration of Taka 38,047. The Society got the land so conveyed by the Government recorded in its name in SA Khatian No. 2 and that was paying Government Revenue regularly. The Society also acquired 6.97 acres of land from the Government. While the socie......AD) (2002) 111. ..

Category: Property Law | Date: | Hits: 54

Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)

.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ...... “29 jon sorasori sohokari kor Commissioner hisabe niogprapto goner pokhkh protinidhimulok bhabe Jonab Babul Rabbani sohokari kor Commissioner, projotne Chairman Jatiyo Rajoshsho Board, Shegunbagicha Dhaka,Bangladesh” Respondent No. 1 case is that, he was appoi...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ......hman J   Bimalendu Bikash Roy Choudhury J   AMM Rahman J   Mahmudul Amin Choudhury J   Mahbubur Rahman and others................ Appellants   Vs.   Taslimu..

Category: Administrative Law | Date: | Hits: 91

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......ing Committee and the said committee submitted its report on 7th September,2000 recommending respondent Nos. 1, 9 and another as being responsive and the petitioner was considered non-responsive. The Board of Chittagong Port Authority, hereinafter referred to as the board, in its meeting held on 13t......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......ies is desired to prevent exercise of the same for collateral purpose, transparency of the decision making authority is a recognized matter to find the right balance between administrative discretion and interest of the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmu..

Category: Others | Date: | Hits: 130

Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)

....curity or for attachment before judgment in order to satisfy any possible decree that may be passed in the suit……(15)  Cases Referred to- Kanshi Ram vs Hindustan National Bank Ltd. AIR 1928 Lahore 376; Janata Bank vs Ahanadia Garments 40 DLR 72; Unimarine SA Pa......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89.  ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89.  ...... KM Hasan J Gooryonly (BD) Textile Ltd ………………….……….Petitioner Vs. Chartkar Information Holding Ltd. and ors………..… Respondents    Judgment &nbs..

Category: Civil Law | Date: | Hits: 115

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

.....   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  .......   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  .......   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  ......, Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For Respondents.   Civil Petition for Leave to Appeal No. 586 of 2000.   (From judgment and order dated 22-2-2000 passed by a Division Bench of the High Court Division in Writ Petition No..

Category: Election Law | Date: | Hits: 158

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....esting foreign donations in income generating activities….........(30)  Cases Referredto-   Dr. Mohiuddin Farooque’s case, 49 DLR (AD) 1; Trustees of the National Deposit Society vs. Skegness Urban Council (1958) 2 All ER 601; R vs Whitmarsh (9)(1850). ......se appeals.   Accordingly, the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ......se appeals.   Accordingly, the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ......bsp;                               BRAC and others ……………….………Appellants ..

Category: Constitutional Law | Date: | Hits: 199

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ......urt for leave to appeal against judgment and order dated 8-7-1996 of High Court Division making the Rule absolute in part declaring the impugned orders dated 14-7-1987 and 16-6-1987 of the Member, Board of Land Administration affirming those dated 11-9-1985 of the Additional Commissioner to have...... Nirbahi Officer who ordered to lease out the same to Sadek Ali and others; but later on cancelled his order; the lessee filed an appeal to the Deputy Commissioner. Additional Deputy Commissioner (Revenue) who heard the same dismissed the appeal with direction to give preferential consideration ......p;                            Government of Bangladesh and other…… Petitioners   Vs.   Nidhi Ram Moni a..

Category: Property Law | Date: | Hits: 43

Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)

.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......on (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Khairullah (Md)………………….Petitioner Vs. ADC (Revenue) and another…………. Respondents. Judgment May 24, 2001. Result: The Peti......ivil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Khairullah (Md)………………….Petitioner Vs. ADC (Revenue) and another…………. Respondents. Judgment May 24, 2001. Result: The Petition is d..

Category: Procedural Law | Date: | Hits: 121

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......in excess of his powers and by obtaining approval of the Principal office fraudulently and on the aforesaid charge he  was dismissed from  service who unsuccessfully took an appeal to the Board of Directors. 22. He thereafter filed a case before the Administrative Tribunal. The......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......ent: M. M. Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa Bank Bhaban, 17-18 Floors, 8, RAJUK Av..

Category: Employment/Service Law | Date: | Hits: 78

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......icate Review Case No. 16 of 1989 by the Additional Divisional Commissioner, Dhaka Division Dhaka and the order dated March 14, 1991 passed in Certificate Case No. 2-42/89 passed by the Land Appeal Board, Dhaka are illegal, void, without jurisdiction and not binding upon the plaintiff. 2.......setting aside the auction sale of the land of plot No.1503 in Certificate Case No.1723(1) 63-64  and thereupon Certificate Appeal No.3/77-78 was registered. The Additional Deputy Commissioner (Revenue) dismissed the said appeal. The lisencees of the plaintiff i.e., Respondent Nos.1 and 2 he...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Marfat Ali Miah being dead his legal heir: Firoj Ahammad Bhulu.....Appellant Vs. Sree Jagadish Chandra Sheel and others....................................... Respondents Judgment  ..

Category: Civil Law | Date: | Hits: 77

Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)

....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......ion) Rules 1995 which runs as follows :- "6. Qualification, etc., of candidates.- (1) Candidates seeking licence of Nikah Registrar must possess Alim Certificate from a Madrasha Board established under any law for the time being in force. (2) A candidate seeking lic......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......r Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Yousuf Ali ..........................................Appellant. Vs. Kazi Syed Shamsul Hoque and others...........Respondents. Judgment 30 January 2006. Cases Referred To..

Category: Constitutional Law | Date: | Hits: 178

Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

....ogeshar in two groups were the owners of the suit land. Manitara left this country and Biraj also left this country in 1947. Manitara never returned to this country and she died in India as Indian National. The suit land was enlisted as enemy property and Abdul Latif Molla who was borgader appli......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ......Division (Civil) Present : Md. Ruhul Amin J M.M. Ruhul Amin J Abdul Majid Molla.......................................Petitioner Vs. Biswajit Chandra (minor) & others……….........Respondents. Judgment 11 F..

Category: Property Law | Date: | Hits: 51

Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)

....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......he same was registered duly  by the Registrar of Joint Stock Company and the accused appellant No.1 was made Managing Director and the accused appellant No.2 was made one of the Directors of the Board of Directors; that on 15.9.1993, a cheque amounting to Tk.42,093/- was issued from the Rupali ......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......t  Appellate Division   (Criminal)  Present:  Syed JR Mudassir Husain CJ  Mohammad Fazlul Karim J   Amirul Kabir Chowdhury J   Md. Anarul Islam and others................. Appellant Vs. The State and another…………………….......

Category: Criminal Law | Date: | Hits: 50

Messers Chemico Laboratories Ltd. Vs. Government of the People's Republic of Bangladesh, 2006, 35 CLC (AD)

....ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ......7,59,921.15/- as VAT which the writ petitioner did not pay to the government in the treasury by chalan. 2. The case of the writ petitioner is that on 03.08.2003 the Customs Preventive Team filed a Revenue Evading Case N0.16/ MUSAK/2003 dated 03.08.2003 with the Commissioner of Customs, Excise and......n of Tikapara Ghoramara Rajshahi...................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Finance Internal Resources Division and others................Respondents Judgment January 23, 2006. Result: The petition ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)

....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......dated June 27, 1979 in Writ Petition No. 294 of 1973. 2. The appellant challenged the order dated February 17, 1973 passed by the res­pondent No. 2, Additional Deputy Com­missioner (Revenue), Khulna, rejectingthe application of the appellant for taking lease of the cattle market f...... ..

Category: Property Law | Date: | Hits: 93

Jamal Soap Factory, Narayanganj Vs. Commissioner of In­come Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)

....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......ncome-Tax Officer may think fit to impose; or (b) In the case of any person, business or company or class of person, business or company such period as may be determined by the Central Board of Revenue or by such authority as the Board may authorise in this behalf; or (c) where...... Officer may think fit to impose; or (b) In the case of any person, business or company or class of person, business or company such period as may be determined by the Central Board of Revenue or by such authority as the Board may authorise in this behalf; or (c) where a busine......Advocate-on-Record—For the Appellant. Hubibul Islam Bhuiyan, Advocate, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent. Civil Appeal No. 120 of 1978 (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 o..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition and T..

Category: Property Law | Date: | Hits: 85

Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Esta­blishment Div & ors, 1980, 9 CLC (AD)

....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......which ended in final report and the appellant was discharged from the case, proceedings were initiated under Article 5(a) of the President's Order No 67 of 1972 against the appellant. The Screening Board recommen­ded withholding of three increments of the appellant but the appointing authority pa......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ...... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Su­preme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-..

Category: Employment/Service Law | Date: | Hits: 70