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Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......ntiff which the plaintiff did and the same when reached Chittagong Port the defendant denied to take delivery of the cargo on the plea of bar imposed by the plant protection wing of the Government of Bangladesh. Therefore, the plaintiff brought the suit before this Admiralty jurisdiction wherein the..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....acts which have given rise to the Rule are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. The p......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......d down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ...... Khan, Advocate-For the Respondent No. 2. Writ Petition No. 911 of 2011. Judgment SM Emdadul Hoque J. - This Rule Nisi calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the Bangladesh Lab..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......acts and circumstances of the case allowed the case by its judgment and order 13-3-2008. 7. Against the said judgment and order the respondent Nos.3 to 6 filed an appeal under section 33(6) of the Bangladesh Labour Act, 2006 before the respondent No.1. The appeal was registered as Appeal Case No...Category: Labour and Industrial Law | Date: | Hits: 161
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
.... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......sion (Special Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Gobinda Chandra Tagore J Afrin Akter……………………………....................Petitioner Vs. Bangladesh and other............................Respondents Judgment January 18, 2011. Lawy..Category: Employment/Service Law | Date: | Hits: 91
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......sent:
Md. Emdadul Huq J
Md. Abu Zafor Siddique J
Mr. Md. Enayetur Rahman and others………………………………………petitioners
Vs.
The Government of People’s Republic of Bangladesh and others…………Respondents
Judgment
June 1, 2011.
Cases Referred to-&nbs..
Category: Civil Law | Date: | Hits: 147
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......d 12 other BDR personnels went to Monoharpur, Comilla Town and raided the house named 'Lutfa House'. Thereafter the informant along with Battalion Commander, Magistrate and others on search recovered Bangladeshi Taka amounting to 13,95,798.00. Indian money amounting to Rupees 1,124.00 from a steel a..Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....ocedure. 2. The short facts relevant is, that the petitioner being plaintiff instituted the aforesaid Other Class Suit No.273 of 1988 in the Court of Assistant Judge, Sadar Nowabganj on 6.9.88 for declaration of title in the suit land and also for a declaration that the defendants have got no rig......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
....n such circumstances on 15.6.81 the appellant petitioner No.2 as plaintiff instituted Tide Suit No.285 of 1981 in the Court of Munsif, Manikganj against opposite party Nos. 1 to 5 as defendants for a declaration that appellant‑petitioner No.2 was the trustee of appellant petitioner No.1 Trust and ...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
...... deed the petitioner No.2 Ramendra as a reversionary heir of the settler Sakhi Lal Roy Chowdhury became the succeeding trustee in terms of the provision made in the deed as the only heir available in Bangladesh since the death of the third trustee, namely Profulla Nalini Roy Chowdhurani he has been ..
Category: Trust/Waqf Law | Date: | Hits: 183
....rebate at 5% on the super tax. In order to get rebate @ 5% on super‑tax for the assessment year in question the assessee should be a public limited company, it must make effective arrangement for declaration and payment of dividend in the taxable territories out of the profits and gains liable t......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......g eight persons, including the principal respondent as accused. Accused Nos. 2-7 were the employees of the principal accused. Accused No. 2-7 were arrested and the recovered alamots were deposited in Bangladesh Bank, Chittagong. The principal accused Sree Krisna Nath surrendered before the High Cour..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....ot be set aside. 2. The relevant fact for disposal of the rule, in short, is that one Siddik Ullah instituted Title Suit No. 5 of 2007 in the First Court of Joint District Judge, Lakshmipur, for a declaration that the Heba deed dated 13.5.2007 shown to have been executed by him in favour of the d......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......udgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors. 22 DLR 277; Ramizuddin Miah Vs. Jarimunnessa and others, 15 BLD (AD) 52; People’s Republic of Bangladesh vs. Abul Kaiser Chowdhury and others, 37 DLR (AD) 85; Mahabir Prasad Vs. Jage Ram and oth..Category: Limitation Law | Date: | Hits: 219
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....or correcting the date of birth against which, the petitioner filed the A.T. Case No.33 of 2002 before the Administrative Tribunal, Bogra, under section 4 of the Administrative Tribunal Act, 1980 for declaration that his correct date of birth was 08.04.1952 instead of 08.04.1947. 5. After hearin......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Ref..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....No.1 herein) filed the Writ Petition No.2146 of 2003 before the High Court Division challenging the Memo No.JIBIK/Ka:Pra:7-600/976/2002 dated 19.02.2002 issued by the writ respondent No.3 praying for declaration that the said Memo is illegal, without jurisdiction, without lawful authority and is of ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......was lawful. 5. A Division Bench of the High Court Division upon hearing both the parties and on consideration of the materials on record and taking into account the provisions of the Rule 9 of the Bangladesh Service Rules Part-I made the Rule absolute. 6. Being aggrieved by and dissatisfied wi..Category: Employment/Service Law | Date: | Hits: 58
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
.... rejecting an application for local investigation to ascertain the suit property. 2. The petitioners as plaintiff instituted Title Suit No.581 of 1985 in the 1st Court Subordinate Judge, Dhaka for declaration of Title in respect of land measuring 672 ajutangshu at CS Plot No.101 of CS Khatian No.......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ..Category: Property Law | Date: | Hits: 71
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......the right to appeal, is a substantive right and not a mere matter of procedure, and as such, neither of them is available unless it has been conferred by law. Under Article 105 of the Constitution of Bangladesh the Appellate Division of the Supreme Court has jurisdiction to review its judgment and o..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......h the notices issued by Assistant Commissioner of Taxes. The appeals before the Appellate Joint Commissioner of Taxes failed. The assessee preferred second appeal before the Taxes Appellate Tribunal, Bangladesh, Dhaka Division (Bench). The assessee took the ground before the Tribunal that he had no ..Category: Fiscal/Taxation Law | Date: | Hits: 98
....of the alternative plots under any provision of the Emergency Requisition of Property Act, 1948 this Court has no power to exercise the high prerogative writ under Article 102 of the Constitution for declaration and direction as prayed for in this writ petition.
5. In order to appreciate the cont......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......udur Rahman J
Mahmudul Amin Choudhury J
Yunus Mia (Md.) and others..........................Petitioners
Vs.
The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents
Judgment
April 28, 1991.
Lawyers ..
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....d Md. Putan from the said land whereupon, Md. Putan filed Title Suit No.142 of 1906 against said Fazal Kabir Khan for recovery of khas possession in the said 14 drones of land out of the suit land on declaration of his title thereto and the said suit was eventually decreed on contest on 18.03.1907. ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......e in their judgments. 29. At the outset, it is to be examined whether the appellant can raise any question not covered by the leave granting order. 30. Order XX Rule 5 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 provides as under: “The appellant shall not, witho..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......, Senior Advocate with Ms. Tania Amir, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No. 2. None represented-For Respondent Nos.1 & 3-4. Cases Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and anot..Category: Company Law | Date: | Hits: 235
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