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Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
....nt-opposite party was that the petitioner retired from service on 5.1.2002 after the period of his LPR from 05.01.2001 to 04.01.2002. The Audit Department raised several audit objections which relate financial involvement against him. Moreover, his stock sheets are still incomplete. The authority ca...... not find any legal infirmiÂty  in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ......Lawyers Involved: M. A. Wahab, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No.1450 of 2007. (From the judgment and order dated 26th September, 2007 passed by ...... not find any legal infirmiÂty  in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..Category: Employment/Service Law | Date: | Hits: 67
....e effective date of the contract so signed by the respective Pre-shipment Inspection Agency was 15tn of February and the period of contract was for 36 months. In the tender document the bidder in its financial proposal was required to include all expenses including the taxes, duties, fees, levies an......y has been indicated in sub-section (5) of section 3 of the VAT Act authorizing the NBR to make official Gazette Notification declarÂing the vatable goods and class of job as vatable and that also empowering the NBR to give explanation for the purpose of determining the periphery of vatable service......onal Ltd. and another.......Respondents (In Civil Appeal No. 287 of 2003)
BIVAC International S.A. Bureau Vertias Group and another.......Respondents (In Civil Appeal No. 288 of 2003)
PSI Inspectorate Ltd. and another.......Respondents (In Civil Appeal No. 289 of 2003)
Judgment
August 30......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....amining the project report the Bank approved Taka 50 lakh to the plaintiff and the industry was set up enjoying the said Bai Muazzal and Bai Murrabaha investment facility from the Bank but because of financial loss, allegedly suffered by the plaintiff-industry, because of non sancÂtion of further T......onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......etitioners. Momtazuddin Fakir, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 2274 of 2008. (From the Judgment and Order dated 26-10-2008 passed by the High ......onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ..Category: Others | Date: | Hits: 94
Anti-Corruption CommisÂsion Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......ul Hossain QC, Senior Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent No. 23. Criminal Petition for Leave to Appeal No.269 of 2008. (From the judgment dated 3-6-2008 passed by the High Court Division ......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Anti-Corruption CommisÂsion Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... The Prevention of Corruption Act, 1947 (II of 1947) Section 5(2) The Criminal Law Amendment Act, 1958 (XL of 1958) Section 4 A fugitive from justice cannot obtain justice without surrendering to the due process of law. Case Referred To- Anti-Corruption Commission vs Dr HBM Iqbal Alamgi...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..Category: Anti-Corruption Laws | Date: | Hits: 186
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observaÂtion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......voicing of the value of the imported goods and accordingly, in fixing the price circulated by the Circular dated 3-7-94 the appellants acted quite fairly and reasonably in exercise of their statutory power; further, it is also not correct that the respondents were not aware of the above Circular dat......DLR (AD) (2010) 217. ......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observaÂtion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......arge of the Ministry and rule nisi was issued to show cause how and under what authority he was holding the said office of the Secretary-in-charge on the following averments.
4. In exercise of the powers conferred under Article 133 of the Constitution of the People's Republic of Bangladesh, the P......Aftabuddin (Retired District and Sessions Judge) and another……...Respondents (In both the cases).
Judgment
December 17, 2009.
Result:
Both the appeals are dismissed.
Case Referred to-
Dr. Shahdin Malik Vs. Government of Bangladesh, Writ Petition No. 11739 of 2006; Bangladesh V......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26....... 7. We have perused the leave petition and heard the learned advocate, who, amongst others, submitted that under the provisions of section 148 of the Code of Civil Procedure the Court has ample power to extend the time for deposit of the consideration money and accordingly the required amount ......he Petitioner. Munsur Habib, Advocate, instructed by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By the High C....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......intiff must prove his case and he is not to rely on the weakness or defects of defendant's case. The High Court Division further held that the court of appeal below found that Matang Moyee executed a power of attorney on 14.10.1958 in the name of her domesticated son Nagendra Chandra Bir to sell her......arifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by the High C......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..Category: Property Law | Date: | Hits: 34
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......1 and also from the contents of the annexures of the above Writ Petition No. 159 of 1989 for the first time came to know about the alleged deed of agreement for exchange dated 30.10.1963, the alleged power of attorneys dated 07.06.1965, the deed of exchange dated 16.06.1980 in terms of Exchange Case...... deceased and others stating inter alia that they by kabala Nos. 1586, 1588, 1589 and 1600 dated 01.02.1974, 15.02.1974, 11.021974 and 14.02.1974 respectively purchased .54 acres of land appertaining to C.S. Plot No. 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 of mouza Chandana ......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....thereÂfore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......s of the West Pakistan Suppression of Prostitution Ordinance, 1961 providing that the investigation into the allegaÂtions could not be made without prior permisÂsion of the Magistrate, that where a power is given to do a certain thing in a certain manner, the thing must be done in that manner or n...... The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney General (with A.K.M. Zahirul Haque, Additional Attorney General) instructed by B. Hossain, Ad......thereÂfore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ...... the Madrasa Education Board who can either accept or reject the said recommendation of the inspection team in respect of the affiliation of a Madrasa, but the respondent No.2 has got no such power and he can only act on the said recommendation in respect of money payment order only" a......man and another…………………….. ....Respondents Judgment August 18, 2009. Lawyers Involved: Mrs. Nahid Yesmin, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Appellants. Md. ......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..Category: Employment/Service Law | Date: | Hits: 146
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......ween the original lease holder and the authority concerned but in fact the original lease holder was not shrimp cultivator by profession that is why Anisul Haque the original leasee executed a power of attorney on 30.01.2003 in favour of the petitioners who are fit for shrimp cultivation and......Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-65. Civil Petition for Leave to Appeal No. 237 of 2006. (From the judgment and order dated the 15th day of December, 200......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ..Category: Property Law | Date: | Hits: 88
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......late court with direction for giving findings and decision on certain issues where the trial court omitted to do so. In terms of section 107 of the Code of Civil Procedure the appellate court has the power of remand of a case under the circumstances mentioned in Order 41, rules 23 and 25. The appell......¦â€¦â€¦â€¦â€¦. Appellants. Vs. Jiban Nessa and others……………………………….. Respondents. Judgment June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdictio......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......dent, which together make for certainty, uniformity and predictability. These in turn provide the foundation of fairness in justice delivery system. ………………………………….(9) The power of judicial review in the nature of writ of Certiorari is limited to judicial and quasi-......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦ Petitioner. Vs. Dr. HBM Iqbal Alamgir and others……………Respondents. Judgment January 18, 2010. Result: The writ petitioner is directed to surrender. The order of stay will continue till the disposal of the writ petition. Fugitive fr......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....tanding loan. The learned Advocate of the respondent No.3, however submitted that the respondent No.3 is a bonafide purchaser and that he purchased the above property on taking loan from the other financial institution at high interest and that if the auction sale is set aside after about two an......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ......(2009) 306. ......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ..Category: Civil Law | Date: | Hits: 191
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......uch proceeding will be sheer abuse of the process of the Court and that it has been brought for the purpose of harassment." The High Court Division further observed that:- “the inherent power under section 561A of the Code of Criminal Procedure for quashment of a proceeding, particular....... Wahidullah, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent No. 2. Not Represented-For the Respondent No.1. Criminal Petition for leave to Appeal No.400 of 2008. Judgment  Shah Abu Nayeem Mominur Rahman J. - Delay of 6 days in ......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..Category: Criminal Law | Date: | Hits: 163
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......n the route of Lalmonirhat-Parbotipur-Lalmonirhat being tenders in respect of purely commercial contracts in exercise of the trading function of Bangladesh Railway and not in exercise of sovereign power by the Government and the writ petitioner has no legal right and is not entitled to invoke th...... Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam…………………………..Appellant Vs. Monzurul Islam Liton and others…......Respondents Judgment April 17, 2009. Cases Referr......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......hich is against all norms of justice and fairness. In that view, the order of suspension dated 15.03.2005 and the order of removal dated 17.03.2005 were malafide, arbitrary and colourable exercise of power. 8. The suspension order dated 15.03.2005 passed by the authority speaks that “আপà......vs. State of Punjub and others reported in AIR 2000 SC 1080; Dipti Prakash Banerjee Vs. Satvendra Nath Bose National Centre for Basic Sciences, Calcutta, (1999) 3SCC 60 AIR 1999 SC 983; Managing Director, ECIL Vs. B. Karunakar, (1993) 4 SCC 727; (1994)AIR SCW 1050). Jagadish Chandra's case (1995 AIR......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...Category: Employment/Service Law | Date: | Hits: 118
G M M Rahman Vs. State, 2009, 38 CLC (AD)
....tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......gh Court Division acted illegally in entertaining the appeal and therefore the impugned judgment of the High Court Division is liable to be set aside. 7. It may be pointed out here that the powers exercisable by the High Court Division in appeal and in revision will show that with two exc......l Matin J.- This appeal is directed against the judgment and order dated 16.07.2003 passed by the High Court Division in Criminal Appeal No.59 of 2000 allowing the appeal by enhancing the sentence to suffer simple imprisonment for 6 (six) months while discharging the connected Rule being Crimina......tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ..Category: Criminal Law | Date: | Hits: 106
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