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Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
.... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ......on…………………………………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Banglade..Category: Civil Law | Date: | Hits: 106
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... then filed a case before the Administrative Tribunal, Bogra for getting financial benefits for the period of his absence from duty from 17-11-1981 to 31-3-1995 and also for a declaration that the Ministry of Finance had no jurisdiction to deny his pay and allowances since the date of his reinst..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......acted illegally in assessing duties and other charges taking Tariff Value in proportionate rate and that earlier some other businessmen imported similar Hard Board and the Customs Authority allowed clearance of those goods on assessing customs duties and other levies on the basis of invoice valu......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......rticularly when the said person lived during his temporary absence in a country which was most friendly to Bangladesh at the relevant time and returned to Bangladesh as citizen of Bangladesh with the clearance of the Government of Bangladesh". 31. In has been stated with a specific assertion in t......ivision (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Industries and another..................................Respondents Judgment Jun..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......ower appellate Court upon referring to the letters written by the personnel of the Education Department at the upazila level initially and then by the personnel at the Directorate level of the Ministry of Education and finally, the resolution taken by the Secondary and Higher Secondary Educa..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
.... that in a money decree, the court may, in the decree, order interest to be paid on the principal sum adjudged pendente lite, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest from the date of the decree to the date ......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....on of all rent receiving interests. I shall consider these two conflicting claims in due course, but now I shall see the legal position of Ram Prosad Muchi till 1938-1939. 11. As indicated above, prior to the coming into force of the Non-Agricultural Tenancy Act, 1949, with effect from 20 Octobe......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......ltimately found as the only technically and financially responsive bidder out of 6 participants and the bid of the company for Taka 18,30,00,000 also being the lowest, the Evaluation Committee of the Ministry of LGRD and Cooperative, the respondent No.3, having accepted the same the respondent No.3 ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....rough the supply of safe drinking water to all those affected and/or are at risk because of current exposure and the said conference further noted immediate relief measures that could be taken with priority provision of safe drinking water, in particular for "affected people" that is, ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......Ruhul Amin J Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents ..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......e Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Ju..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......n to give current charge of the post of Chief Engineer and Ship Surveyor to the respondent No.5 in deprivation of the writ-petitioner, that writ-petitioner represented to the Government in the Ministry of Shipping for promoting him to the post of Chief Engineer and Ship Surveyor and that it ..Category: Employment/Service Law | Date: | Hits: 76
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....kground enmity between the appellants and Abdul Bari Chowdhury, his own relationship with the parties (deliberately enhancing the value of his evidence), the overtures made by the accused immediately prior to the alleged occurrence and then he gives in the minutest possible details as to how the d......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... the service, might not amount to a penalty but was certainly an order adverse to the interest of the employee concerned, and as such the affected employee was in the ordinary course, entitled to a prior notice to explain the allegation against him before such an order was passed. By calling an ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
.... disbelieved Exhibit Uma, (information slip) on the face of Exhibits 1 and 2 and that also observed that entry of name of Sukadha Sundari in the RS Khatian was probable since the same was prepared prior to the auction sale and that SA Khatian having been prepared in the light of the RS Khatian t......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......case was contested by the plaintiffs and the Additional Deputy Commissioner (Revenue) passed order recommending release of the property from the list of vested property and the record was sent to the Ministry of Land for final approval but the Ministry instead of passing the order of release sent ba..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......and others vs Mira Abdul Gaffar and another, AIR 1996 (SC) 910 = (1996) 1 Supreme Court Cases (639); Alauddin Khan and another vs. Md. Hafizullah Bhuiyan and others, 1981 BCR (AD) 207; Secretary, Ministry of Works and others vs Kazi Ashrafuddin Ahmed, 55 DLR (AD) 16; Mir Abdul Ali vs. Md. Rafi..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....hy;dant No.1 illegal, void and without jurisdiction. 4. The suit was contested by the defendant Nos.1 and 2 by filing separate written statements. The common case of the defendants was that prior to preparation of CS khatian land of the suit plot was being used as Eidgah, Swashan, Debesth......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......"On a careful scrutiny of the aforesaid evidence of the prosecution witnesses is appears that 5/7 minutes before the accident the engine of the goods train was derailed on the railway line and line clearance signals were given in the outer signal and home signal of the railway line for the aforesa......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......ach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the writ petitioner is that on 12.11.1991 he filed an application to the Ministry of Finance praying for issuing permission to start the banking business of the propos..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ...... Petition 1044 of 1998 whereby a Writ Bench of the High Court Division declared the retirement of the writ petitioner Capt. (Retd.) Syed Abu Nasser Muhammad Okba issued by the Joint Secretary, Ministry of Civil Aviation and Tourism (Annexure-L) as illegal and without lawful authority with a ..Category: Employment/Service Law | Date: | Hits: 103