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Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)

....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......corded in the name of the Government. 3. The suit was contested by the Government of Bangladesh represented by the Deputy Commis­sioner, Narayanganj, Additional Deputy Commis­sioner Revenue, Narayanganj and Assistant Commissioner (Land), Bandar, Narayanganj-defendant Nos. 1-3 by ......t Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddin Ahmed and others.........

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)

....icer. 14.  In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ...... 1996 dismissing the appeal upon modifying the judgment and order passed by the Administrative Tribunal. 2. Short facts are that the respondent entered into the service of Family Planning Board as Assistant on 8-8-1969. After emergence of Bangladesh, the said Family Planning Board was ......icer. 14.  In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......ellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Bangladesh, represented by the Secretary Ministry of Health and Family Welfare and others ................Appellants Vs. Md. Idrish Miah.........

Category: Administrative Law | Date: | Hits: 112

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

....e respondent Nos. 1-3 to the writ-petition in its revisional jurisdiction under section 196B of the Customs Act, 1969 setting aside the order dated 28-1-88 passed by Member, (Appeal and Revision). National Board of Revenue in Appeal No. 1 (78) Cus-(6, 87)reversing the order dated 4-6-97 of the C......dent Nos. 1-3 to the writ-petition in its revisional jurisdiction under section 196B of the Customs Act, 1969 setting aside the order dated 28-1-88 passed by Member, (Appeal and Revision). National Board of Revenue in Appeal No. 1 (78) Cus-(6, 87)reversing the order dated 4-6-97 of the Collector ...... 1-3 to the writ-petition in its revisional jurisdiction under section 196B of the Customs Act, 1969 setting aside the order dated 28-1-88 passed by Member, (Appeal and Revision). National Board of Revenue in Appeal No. 1 (78) Cus-(6, 87)reversing the order dated 4-6-97 of the Collector of Custo...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangla­desh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr..........................

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Arti..

Category: Property Law | Date: | Hits: 77

Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)

....se No. 185 of 1989. 2. The respondent filed the above Administra­tive Tribunal Case No. 185 of 1989 stating, inter alia, that on 23-9-1980 he was appointed as the Field Officer of the National Security & Intelligence and after completion of departmental training in  the yea......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ..................

Category: Administrative Law | Date: | Hits: 113

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....hese were considered to be the "base of democracy in the country". In addition to functions as grass‑root local bodies, members thereof were made the “constituency" for election of members of the National Parliament as well as of the President of the country. All these bodies functioned till Ban......lso evolved through the experience of centuries. It is here where our local government institutions differ. Since Independence from the British, the local government bodies, particularly the District Boards and Municipal Committees were superseded by the Government very often, not so much on the gro......of public utility, another Act was passed. It is the Cess Act 1880‑Bengal Act No. IX of 1880. To levy cess and road tax "Local Committees" were constituted by or under the authority of the Board of Revenue. These Local Committees functioned till their powers were made over to the District Boards w......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-opera­tive, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ..

Category: Constitutional Law | Date: | Hits: 655

Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)

....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......pon an Assistant Inspector made a preliminary enquiry and then lodged a FIR on 29.12.81 at Tongibari PS. The allegation briefly was that Faiz Ali, Sub‑Registrar, Tongibari, Abdul Jalil, Thana Revenue Officer, Tongibari, Mofazzal Hossain, Assistant Tahsilder, Betka Tahsil Office, respondent......l J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents          &..

Category: Criminal Law | Date: | Hits: 61

Saleem Ullah Vs. The State, 1992, 21 CLC (AD)

....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ...... Cases Referred to- Andre Paul Terence Ambard Tobago Vs. The Attorney‑General of Trinidad AIR 1936 (PC) 141; MA Awal Vs. Ehtesham Hyder, 28 DLR (HD) 285; Ilkley Local Board Vs. Oswald Lister (1895) 11 TIR 1976; Dunn Vs. Bevan [1922] 1 Ch. 276; Lord Russel of Killowe......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......din Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. (From the judgment and order dated 30th April, 1989 passed by the High Court Division in Criminal Contempt Case No. 3..

Category: Criminal Law | Date: | Hits: 141

Controller of Examina­tions, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)

....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......nd that answer‑scripts of 176 examinees were smuggled in from outside as these scripts were in the handwritings of different persons. On consideration of the report of the Committee, the Discipline Board of the University submitted a recommendation to the Syndicate, which, by a resolution dated 29......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Controller of Examina­tions, University of Dhaka and others………………Appellants (In both the appeals) vs. ..

Category: Constitutional Law | Date: | Hits: 169

Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)

....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......al house or land in his name or in the name of his wife, children, dependants or in benami within the greater Dhaka city area either being allotted by DIT or by any Government Housing Estate or by Board of Revenue or through purchase or inheritance. Final allotment letter of plot No. 10 Block No......or land in his name or in the name of his wife, children, dependants or in benami within the greater Dhaka city area either being allotted by DIT or by any Government Housing Estate or by Board of Revenue or through purchase or inheritance. Final allotment letter of plot No. 10 Block No. NE(L) m.........................................Appellant [In both the appeals]               Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au..

Category: Property Law | Date: | Hits: 110

Bangladesh Freedom Fight­ers Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)

.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......ot exercised in accordance with law. The High Court Division while declaring the order of termination to have been passed without lawful authority correctly repelled the appellants’ contention. The Board’s ratification of the order after it was struck down by the High Court Division will have no...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Freedom Fight­ers Welfare Trust and another.....................Appellants Vs. Md. Momtazul Hossain...........................

Category: Employment/Service Law | Date: | Hits: 93

Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)

....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......on thereof on 24.6.61. The appellants filed an application before the certificate officer on 16.3.61 for setting aside the sale which was dismissed and in revision the additional Deputy Commissioner (Revenue) also dismissed the same. Defendant No. 3 also contended that Rajeshwar entered into an agre...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha Be­gum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others……..

Category: Property Law | Date: | Hits: 82

Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)

....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......amp; Co. Vs. Auerbach reported in 1908 (2) KB 161; Entores Ltd. Vs. Miles Far East Corporation 1955 (2) QBD 327; Champaklal Vs. Nectar Tea Co. AIR 1933 Bom, 179, Arthur Butler and Co. Vs. District Board, Gaya AIR 1947 Patna; AIR 1931 Cal. 659; Peoples Insurance  Co. Vs. Benoy Bhusan AIR 194......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ...... The appeal is dismissed with costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 124

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1992, 21 CLC (AD)

....igh Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Engineers Ltd...............Appellant Vs. Director, Military Lands and Ca......, shortly the Rules, Rule 4 of which classifies land in Cantonments into three categories‑(1) Land which "is vested in His Majesty". (Classes A and B); (2) Land which “is vested in the Cantonment Board" (Class C) and (3) Land which falls into neither of the first two categories. The disputed lan......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land. Ed. This Case is also Reported in: ......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Engineers Ltd...............Appellant Vs. Director, Military Lands and Cantonment Directo­rate, Ministry of Defence, Dhaka Cantonment and others……………â€..

Category: Property Law | Date: | Hits: 68

Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)

....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......oceedings, Ext. C series that the contesting defendants were in possession of the suit land. But the two Courts differed with regard to the period of possession. The Court noticed the report of the Revenue Circle Officer on local inquiry stating that the heirs of Abdul Hakim and others were in po......ahman J Musa Ali ..................Appellant                      Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1990 Lawyers I..

Category: Property Law | Date: | Hits: 52

Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)

....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......ow allowing an application for temporary injunction under Order 39 rule 1 of the Code of Civil Procedure. 2. The plaintiff bought a suit for declaration that the order of the Circle Officer, Revenue in Misc. Case No. 110 of 1973‑74 under PO No. 88 of 1972 was illegal and without juri...... Present: MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Rupban Bibi..... ....................Plaintiff‑Appellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment July 16th, 1991 ..

Category: Civil Law | Date: | Hits: 106

Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)

.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......n, Senior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑ For the Respondent. Civil Appeal No. 31 of 1988 (From the Judgment and order dated 28.4.85 and 29.4.85 passed by the High Court Division, Chittagong Bench in Applica..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....n of the Supreme Court in Juilliard Vs. Greenman, 28 Law Ed. 204 (211),:- ‘‘the Constitution by apt words of designation or general description, marks the outlines of the powers granted to the National Legislature: but it does not undertake, with the precision and detail of a code of laws, to......e statement which had been inadmissibly obtained, altering lion fundamental rules of evidence so as to facilitate their conviction and altering ex post facto the punishment to be imposed on them. The Board held that the Acts involved the usurpation and infringement by the legislature of judicial pow...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others .......

Category: Administrative Law | Date: | Hits: 203

Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)

....il Company Ltd. on 23.3.79 is illegal, malafide and without lawful authority and that the plaintiff’s service under the appellant still exists. It was his case that after liberation Pakistan National Oils Ltd. was declared as an abandoned property and it was being managed by a Management B......f’s service under the appellant still exists. It was his case that after liberation Pakistan National Oils Ltd. was declared as an abandoned property and it was being managed by a Management Board under the name and style of Jamuna Oil Company Ltd. After the creation of Bangladesh Petroleu......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another............................

Category: Employment/Service Law | Date: | Hits: 89

Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)

....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......, J: Hence I am writing this separate judgment. 18. The plaintiff‑respondents filed the suit for declaration that the order dated 17.12.73 passed by the Additional Deputy Commissioner (Revenue), Bakerganj in Case No. 1/62‑63 under the provisions of Act XXXIII of 1951, hereinaft...... Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday Koowur Vs. Mt. Ladoo, 13 Moo..

Category: Others | Date: | Hits: 178