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Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....ner was junior to 15 teachers serving in the college and he was not entitled to a higher scale. The writ petition is, therefore, liable to be dismissed. 4. The High Court Division upon hearing the parties by the impugned judgment dated 28th April, 2003 made the rule absolute and directed the writ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... Mirza Shahab Ispahani Vs. Government of Bangladesh, 40 DLR 87; 40 DLR (AD) 116; Coopers' case, (1863) 14 CBNS 180; Abal Ala Maudoodi's case, PLD 1964 (SC) 673; Regina Vs. Medical Appeal Tribunal, Ex parte Gilmore, 1957 1 QB 574; Ram Chandra Sankar Deodhar Vs. The State of Maharashtra, 1974 SCC at p......lief after positive action had been taken by the holder of the certificates against him in execution of the disputed certificates. Rather, he submitted to the same and prayed for some instalments for payment of the dues under the said certificates which were granted by the certificate officer but th....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....ll international treatise made during that period; and 5. all day-to-day business of the executive are hereby provisionally condoned; 2. 1. the Proclamation dated 8th November, 1975 omitting part VI A of the Constitution; 2. the Proclamations (Amendment) Order, 1977 (Proclamations Order ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....ion, the Supreme Court is the apex Court of the country and it has two Division-one is the High Court Division and the other is the Appellate Division and since the High Court Division is an integral part of the Supreme Court, the Tribunal is necessarily subordinate to the High Court Division and th......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....o.1856 of 2005. Judgment Syed Refaat Ahmed J.- In this Application, and upon a further consideration of a Supplementary Affidavit filed on behalf of the Petitioners and treated by this Court as part of the main Petition, this Court issued a Rule Nisi on 25-7-2005 calling upon the Respondents t...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....) of the State Acquisition and Tenancy Act. Against the said judgment and order, the writ-respondent Nos.1-4 preferred Civil Petition No. 1718 of 2010. One Samar Chakrabartee and 4 others who are not parties in the writ petition preferred Civil Petition No. 869 of 2011 against the said judgment and ...... is quite distinguishable. In that case, Qazi Kamal with the prior permission of RAJUK purchased a plot of land with building at Gulshan from the original allottee after performing formalities and on payment of required fees as demanded by the RAJUK. Thereupon, the purchaser Qazi Kamal applied to th......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....Artha Rin Adalat No.2, Dhaka (the Adalat, in short) and renumbered as Money Suit No. 27 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by judgment and decree dated 1-8-1991 (decree signed on 10-8-1991). The judgment-debtors hav...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......Commerce Bank Ltd. Dhaka (shortly, the Bank), as plaintiff on 15-6-1990 instituted Money Suit No.73 of 1990 before the Court of Subordinate Judge and Artha Rin Adalat No.1, Dhaka for realization of loan amounting to Taka 20,16,381.90 as stood on 31-3-1990 impleading Messrs Ahmed and Brothers and t..Category: Civil Law | Date: | Hits: 83
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....Party were running hither and thither when two workers sustained injuries due to explosion. The Party Workers present there told that before the occurrence the member of Parliament and Whip of Ruling party Mr. Mirza Azam was found passing the front of the office of the Chairperson. In February, 2009......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...Category: Criminal Law | Date: | Hits: 98
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
.... J.- These two Applications filed separately under various provisions of the Arbitration Act, 2001 ("the Act") are predicated upon the same facts reflecting, however, differing responses from the two parties to these Application elicited at various stages of the arbitration process from its very ini......desh Chemical Industries Corporation ("BCIC") and Hong Kong and Shanghai Banking Corporation Limited ("HSBC)" as respondent Nos.1 and 2 respectively for restraining the respondent No. 2 from making payment to the respondent No.1 under two performance guarantees issued by the respondent No.2 in fav......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
....………......Respondents
Judgment
November 11, 2009.
Lawyers Involved:
Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant.
Ex-parte-the Respondents.
Civil Appeal No. 46 of 2002.
(From the judgment and order dated the 2nd......uthority in rejecting the settlement application. But the High Court summarily rejected the said writ petition by a judgment and order dated 02.07.1998 on the finding that Section 152D(2)(a) requires payment of the payable tax on the basis of the return filed by the assessee on or before he files re......, we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....onstitutional posts, such as the Judges of the Supreme Court of Bangladesh, Attorney-General, Comptroller and Auditor-General, Members of Parliament and Members of the Judicial Service etc. are not parts of the Civil Service of the Republic and they cannot be compared with the servants of the Repu......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....ds covered by the impugned deed belonged to Abdul Barek and Abdul Mannan (vendors) who proposed to sell the same and the plaintiff agreed to purchase the same at Tk.5,89,0007, Pursuant thereto, the parties entered into an agreement for sale on 27th March, 1984 and the plaintiff having paid an ad......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
...., therefore, not sent up in Charge Sheet) and adding the name of Akhtar above as one of the accused. 4. This is a case where the prosecution witnesses, some of whom may be deemed to be interested parties by reason of being related to the deceased one way or the other, while generally corroborati...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....ndent No.1 in advance of the same. It is evident, thereafter, that the Petitioner and the borrower engaged themselves in another exercise at recovery of the dues from the borrower. This is evident in particular in the issuance of a cheque dated 15.7.2007 by the borrower for Taka 7.5 Crore in favour ......2004 and also submitted two Insurance Guarantees of Taka 2 Crore and Taka 4 Crore, both dated 18.6.2006, with validity up to 31.12.2006 (“the Guarantees” as necessary). The borrower having made a payment of Taka 1.71 Crore by Pay Order dated 20.3.2006 as adjustment for the loan however failed su......ore, both dated 18.6.2006, with validity up to 31.12.2006 (“the Guarantees” as necessary). The borrower having made a payment of Taka 1.71 Crore by Pay Order dated 20.3.2006 as adjustment for the loan however failed subsequently to adjust the dues in their entirety. The Petitioner, accordingly, ..Category: Company Law | Date: | Hits: 203
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
....al, without lawful authority and of no legal effect and the respondents should not be directed to release the goods covered by the letters of credit dated 11. 10.89 and 4.2.90 as far as it relates to part shipment weighing 736.616 metric tons of meltable scrap iron brought by vessels in Chittagong P......0.48 or Tk. 93,06,749.75 (at the exchange rate of one US $ = Tk. 34.4951) referred to in paid up Bill of Entry Annexure‑F, (showing LC dated 12.2.90) had reached the Chittagong Port from USA and on payment on 18.7.90 of the Customs Duty @ 30%, Development Surcharge @ 8%, Advance Income Tax @ 2% an...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....l Area, Dhaka, claiming that the said money was kept in Senabhaban and seized by the Government and that money was kept in Senabhaban and seized by the Government and that money is now claimed by the party. 4. On 20.3.91. when the trial was continuing before the Senior Special Judge, Dhaka, being......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....nvicted of an offence against this Act, or against the rules made, under this Act; and may by a notification in the official Gazette cancel or suspend all or any licences throughout Bangladesh or any part thereof.’’ In the case of Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Gove......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..Category: Constitutional Law | Date: | Hits: 174
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....hing the Petition Case No.345A‑1/89, pending in the Court of Chief Metropolitan Magistrate, Dhaka under section 108 (2) of the Companies Act, 1913. 2. The facts of the case are that the opposite party No.1 Makbul Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate again......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ...... Companies Act in spite of repeated demands made by the complainant. Later on the accused persons informed the complainant that they mortgaged the shares of the complainant to the BSRS. for raising a loan. The complainant raised objection stating that he did not consent to mortgage his shares to the..Category: Criminal Law | Date: | Hits: 89
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....3. Shaikh Razzaqure Ali - For contemner No.4. Contempt Case No.1 of 1989. Judgment Abdul Hasib J.- This Rule at the instance of one Ayub Ali Mohaldar was issued calling upon the opposite party contemners to show cause why they should not be committed for contempt of Court. Contemner No.......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....53 of 1985 was filed by the Opposite Party Nos.1 and 2 as petitioners under sections 71 and 74 read with section 71(f) of the Trusts Act, 1882, for issuing show cause as to why the principal opposite parties 1 to 3 (Petitioners before this Court) should not be removed from Trusteeship of the Gakul C...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...Category: Procedural Law | Date: | Hits: 62
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