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Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....za Begunbari, PS Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes, etc. but they were dispossessed therefrom illegally by 'Mastans' on 16-10-2000 without giving them prior notice or chance of being heard. The further case is that the land of the writ petitioners w......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......d restored to Mrs. Madlena D. Rozario but at the behest of some interested persons, the said land was included in the list of Enemy Properties (now vested property) in VP Case No. 566 of 1968. The Ministry of Land by Memo dated 30-10-1989 informed the Additional Deputy Commissioner (Revenue) Dha..Category: Property Law | Date: | Hits: 37
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....ilable but subsequently, due to embargo from the Ministry, the port authority could not purchase those materials from the market and as a result could not supply those and the respondent No. 1 having prior knowledge of the fact and materials, if available, were to be supplied, was accordingly bound ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......t authority to supply the construction materials from their store but then pursuant to the request of the port authority, who also assured the respondent No.1 that after getting the approval from the Ministry they will pay the bills for the excess amount to be spent for purchasing the materials from..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......he respondent No. 2 Pubali Bank Limited, Motijheel Branch, Dhaka instituted Money Suit No. 109 of 1998 against the petitioner Bangladesh Agricultural Development Corporation, in short, BADC, and Ministry of Finance, represented by the Secretary, Bangladesh Secretariat, Dhaka claiming a sum of T..Category: Business or Commercial Law | Date: | Hits: 135
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ...... to offer to the customers good quality footwears of given specifications. 3. The respondent's case is that according to the provisions of Notification No. SRO-225-L/83/94-Excise dated 30.6.83 the Ministry of Finance and Planning, Internal Resources Division issued under section 12(A)(1) of the E..Category: Fiscal/Taxation Law | Date: | Hits: 114
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... of sugar in the country in 1984. Hence, the Government decided to import sugar under Wage Earners' Scheme and in that view of the matter certain formalities were waived by the Government namely, prior permission from the Chief Controller, Imports and Exports, etc. Government decided that all re...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......(Lahore) 1327; BLD 1981 (AD) 91; AIR 1968 (SC) 718; AIR 1979 (SC) 621; PLD 1970 (SC) 379; PLD 1960 (SC) 310; PLD 1987 Karachi 63; 31 DLR 184; BLD 1988 (AD) 84; 22 DLR (SC) 443; 19 DLR 592; Secretary, Ministry of Industries, Nationalised Industries Division Vs. Saleh Ahmed & another 1981 BLD ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......ent: Amirul Kabir Chowdhury J. - Government of Bangladesh represented by the Secretary, Ministry of Fisheries and live stock and 4 other writ respondents seek leave to appeal against the ..Category: Employment/Service Law | Date: | Hits: 56
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Sarwar..............................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents ..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....suit can no way be made basis in making decision regarding the nature and character of deed, Ext.1, i.e. whether the same is a sale deed or benami deed as because the undenied position is that prior to the execution of Ext.1, Tofazzal Hossain was fostered by Izzatulla Chowdhury and after ma......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......azzul Islam J Amirul Kabir Chowdhury J Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment ..Category: Property Law | Date: | Hits: 33
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....gh Mr. M. I. Faruqui, learned Advocate for the plaintiff-respondent, submits that these papers were not exhibited either at the trial or before the High Court Division and he and his client had no prior notice of these documents, it is clear from the deposition of the plaintiff-respondent at the......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 33
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ...... "I am of the view that the defendant opposite parties should not have proceeded with the appeal in clear violation and total disregard of the direction in notification issued by the Ministry concerned. In view of the discussions made above I hold that the dispute betwee..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ter No.71 of 2001, before making the alleged transaction, that every sponsors have to deposit their part of capital in any schedule Bank in their own names and the same would not be withdrawn without prior permission of Bangladesh Bank and certificate to that effect being authenticated by the conc......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....ouza Begunbari, P.S. Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes but they were dispossessed therefrom illegally by 'Mastans' on 16.10.2000 without giving them prior notice or chance of being heard. The further case is that the land of the writ petitioners was......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......Adjutand of Ansar & V.D.P. having its office at Tikatuly & others ……………………Respondent (Civil Appeal No. 63 of 2004) Government of Bangladesh, represented by the secretary, Ministry of land and others……………………………………Appellant Vs. Syeda Sajed..Category: Property Law | Date: | Hits: 91
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... the allegations made by the writ petitioner before the departmental promotion committee was enquired into by an enquiry committee consisting of two members-a Joint Secretary of the Ministry of Finance and a Deputy Secretary of the Ministry of Shipping. The enquiry committee on co..Category: Employment/Service Law | Date: | Hits: 91
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ...... Ed. ..Category: Constitutional Law | Date: | Hits: 150
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......ed 29(14+15) bundles of secondary quality M.S. sheet from Canada. Upon arrival of the two consignments at Chittagong port the appellant submitted bills of entry. While awaiting assessment and clearance he received a show cause notice on 24-3-90 issued by the Collector of Customs, Chittagong......ment and order dated 27-9-90 affirmed the order passed by the Collector of costumes but reduced the redemption fine to Tk. 1 lac. The appellant filed a revisional application before the Secretary, Ministry of Finance, Internal. Resources Division on 15-12-90 under section 196 of the Act, which w..Category: Fiscal/Taxation Law | Date: | Hits: 112
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ...... that the Board of Directors of RAKUB in the 263rd meeting did not approve the recommendation of the promotion committee and as such there was no question of implementing any decision and that the Ministry of Finance being the Bank's parent Ministry legally amended Padannoti Nitimala dated 30.10..Category: Employment/Service Law | Date: | Hits: 81
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ...... the Constitution "all executive action of the Government shall be expressed to be taken in the name of the President". The impugned order of dismissal was passed by the Secretary to the Ministry of Establishment but the words "by order of the President" were used to comply w..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......tion on May 11, 1998 to the Deputy Commissioner, Habiganj and also to the Divisional Commissioner upon referring to the Memo No. Land 7 Miscellaneous 63/97/179 (6) dated June 29, 1998 issued by the Ministry of Land wherein it was clearly spelt out that lease of Balumahal cannot be given to any o..Category: Property Law | Date: | Hits: 43
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