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Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....Record-For the Added Respondent No. 4. Ex-parte—Respondents Nos.2 and 3. Civil Appeal No. 56 of 1977. (From the Judgment and Order dated the 11th January, 1977 passed by the High Court of Bangladesh in Writ Petition No.10 of 1977.) Judgment Kemaluddin Hossain J. - The question of a......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..

Category: Criminal Law | Date: | Hits: 99

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

....urt Appellate Division (Civil) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Chairman, National Board of Revenue Bangladesh……………………Appellant Vs. M/s. GMG Cor­poration Ltd………………â...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..

Category: Fiscal/Taxation Law | Date: | Hits: 269

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

.... 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......bsolute. Case Referred To- State of Kerala Vs. TP Roshana, AIR 1979 (SC) 765; Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporations and others, 55 DLR (AD) 23; R Vs. Lowle, 1759 Judicial Review of Administrative Action, 4th Edition 584; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 45...... 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: ...... 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: ..

Category: Criminal Law | Date: | Hits: 133

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

....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...... 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: ...... 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: ..

Category: Civil Law | Date: | Hits: 129

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

....) (1978) 169. ......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......ce to quit expiring with the month ending at mid­night on the first day of the month. Here, the tenants held over and notice to determine their monthly tenancy was given on 1st Febru­ary, 1928. The Judicial Committee held that the notice was a proper notice under section 106 of the Transfer of Pro......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..

Category: Property Law | Date: | Hits: 103

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

..... 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...... 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: ......Mohammad Fazlul Karim J. - This petition for leave to appeal at the instance of Alhaj Md. Chowdhury Alam, Commissioner, Ward No.56, Dhaka City Corporation and Secretary, Pir Yameni Market Shop Owners Association and others is directed against the judgment and order dated 25.5.2003 passed by a Divisi..

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)

.... 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€......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: ......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: ......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: ..

Category: Election Law | Date: | Hits: 190

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

....sed. 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: ......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: ..

Category: Procedural Law | Date: | Hits: 79

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

....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......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: ......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: ..

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

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

....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......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. ......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. ..

Category: Procedural Law | Date: | Hits: 74

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

....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......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.......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...

Category: Property Law | Date: | Hits: 60

M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)

....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......ication the respondent No.1 never gave out that he was an adopted son of Tarani Prashad Dey; and that the alleged transfer by way of gift is also not permissible under Ar­ticle 35 of the Articles of Association of the Company. The Article does not permit transfer of share to an adopted son, and as ..

Category: Company Law | Date: | Hits: 164

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

....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......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. ......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. ......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. ..

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

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

.... 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 ......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. ......his 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. ..

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

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

....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.......e to appeal was granted. The Commonwealth Collector of Customs for Queensland then challenged the competency of the grant of leave, before the Privy Council. It was observed by their Lordships of the Judicial Committee that if the amendment concerned more than a matter of procedure, if it touched a ......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...

Category: Criminal Law | Date: | Hits: 76

Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)

....- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ..

Category: Property Law | Date: | Hits: 93

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

....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 ...... 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....... 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...

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

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

....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. ...... 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.......iling affidavit-in-opposition stating inter alia, that the service of the writ petitioner was terminated on 31.03.2004 pursuant to clause 53(2) of the Bangladesh Sugar and Food Industries Corporation Service Regulations, 1989, by which the authority is empowered to termi­nate any of its officials b...... 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...

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

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

....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......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.......inciple as laid down in various Indian Supreme Court cases were consolidated i.e. (AIR 1986 (SC) 1830; AIR 1987 (SC) 2348; AIR 1982 (SC) 917) adopted as part of Bangladesh Jurisprudence in respect of Service Promotion Rules as enun­ciated in the judgment of the Appellate Division in the following t......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...

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