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Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ...... emergency has been proclaimed in the country Vide Gazette Notification No. San/Raj-2/Ja-oh/13-2007/98 dated 11.1.2007 being Emergency Order No.1 dated 11.1.2007 and in exercise of the power under Article 141 C(i) of the Constitution the cases now pending for enforcement of the&......instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner (Appeared with leave of the court). Not Represented- the Respondents. Civil Provisional Petition for Leave to Appeal No. 83 of 2007. (From the order dated 5.2.2007 passed by the High Court Division ......ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ..Category: Civil Law | Date: | Hits: 80
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......ul Abedin J Md. Hassan Ameen J M/S. Meghna Dairy and Food Products Ltd……………………. Petitioner Vs. Commissioner of Customs and others ........Respondents Judgment December 11, 2007. Case Refe......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ...... D.O.H.S on 23.05.1993. Vacant possession was delivered and lease deed was executed on 10.06.1993. He applied for approval of the plan and after obtaining necessary approval of the plan from the Cantonment Board, mortgaged the said plot and obtained loan for construction of residential building ......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......ourt Division calling for interference. 8. As stated above leave was not granted to consider whether the High Court Division was in error in not commuting the sentence in exercise of power as in section 561A of the Code of Criminal procedure. It has already been mentioned the conte...... and another Vs. Sonali Bank and others, 37 DLR (AD) 42. Lawyers Involved: A.B.M. Bayezid, Advocate-For the Appellant. Mrs. Umme Kulsum, Begum, Deputy Attorney General-for the Respondent. Jail Appeal No. 01 of 2005 (From ......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
....ization establishes Mosque, Madrasha, Moqtab, Etimkhana and also publishes different religious books in the light of Quaran and Hadith. The petitioner's organization also help poor people by giving financial assistance; that the impugned order was passed under Section 99(a) of the Code of Crimin...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ......sp; Civil Petition for Leave to Appeal No. 525 of 2005. (From the judgment and order dated 20th April, 2005 passed by the...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ..Category: Constitutional Law | Date: | Hits: 114
M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....on 30 of the Customs Act provides for the date on which the rate of duty to be imposed. In the instant case admittedly the imports were made relying on the notification dated 11.06.1998 during the financial year 1997-98 and on arrival of the imported goods the respective Bills of Entry were subm...... petitioners were all aware about the provisions of Section 30 of the Customs Act at the time of opening of their respective letters. 6. It also appears that Section 19 confers general power upon the Government to exempt from customs duties; but there is nothing in the statute that t......;ed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners (In all the Civil Petitions). Not represented- the Respondents (In all the Civil Petitions). Civil Petition for Leave to Appeal Nos. 47-49 of 2006. (From the judgment and order dated the 23rd October, 2005 pass......no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......bar will bear in mind the serious consequence of committing contempt of this Court in moving on behalf of a prisoner who is a fugitive from law. The appeal filed by the Counsel on the basis of the power-of-attorney executed by Gul Hassan in favour of Khawaja Muhammad Khan before his absconsion w......min CJ.- I have read the judgments by my brothers Mohammad Fazlul Karim, J and Md. Joynul Abedin, J. I agree with the result of the appeals reached by my brother Md. Joynul Abedin, J. But my approach to the point of law involved in the appeals is somewhat different from that of my brother Md. Joynul...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......r who is still Nikah Registrar for No. 7 Dhalua Union and held that "The 2nd proviso to Section 4 of the Muslim Marriage and Divorce (Registration) Act, 1974 has given unfettered power to the Government to extend, curtail or otherwise limit any area for which is a Nikah Registr......bar Rahman, Advocate-on-Record-For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For Respondent No. 5. Not Represented-Respondent Nos. 1-4. Civil Petition for Leave to Appeal No. 1738 of 2005 (From the judgment and order dated 06.07.2005 passed by the High ......nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ..Category: Civil Law | Date: | Hits: 88
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......District Committee, in terms of clause 4 of the lease agreement the leases should have been extended on the basis of the applications for renewal and in the event of shifting of the administrative power of the respondent No.2 to a different authority, which is absolutely an internal administrati......008. Lawyers Involved: Dr. Abul Kashem Md. Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. (In all cases) Hasan Faiz Siddique, Additional Attorney General, Zahirul Islam, Advocate-on-Record-For the Respondents (In all cases) Civil ......llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..Category: Others | Date: | Hits: 101
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ......heir pourashavas and they have been paying the electric bills regularly and that violating the relevant Rules the respondent No. 7, by the above memo dated 5.8.2000, is trying to hand over the power supply lines of the petitioners to Rural Electrification Board, the Board, and the above memo...... Involved: Shaheed Alam, Advocate, instructed by Choudhury Mohammad Jahangir Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1714 of 2005 (From the judgment and order dated the 22.6.2005 passed by the Hi......irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ..Category: Civil Law | Date: | Hits: 119
Dhaka Mercantile Co-operative Bank Ltd. Vs. Bangladesh Bank, Dhaka & others, 2006, 35 CLC (AD)
....d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ...... Counsel for the parties rejected the writ petition summarily holding, inter alia, that under sections 44 and 45 read with section 3 of the Bangladesh Companies Act, 1991, the Bangladesh Bank is empowered to issue such warning to the members of the general public by publishing general notificati......titioner A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record - For Respondent Nos. 2-5 Not represented - Respondent No. 1 Civil Petition for Leave to Appeal No. 281 of 2005 (From the judgment and order dated 01.02.2003 passed by a Division......d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ..Category: Banking Law | Date: | Hits: 292
Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......s not amenable to writ jurisdiction and the same can in an appropriate case be deal with by a civil court. The High Court Division further held that the order Artha Rin Adalat passed in exercise of power under the Code of Civil Procedure cannot be challenged under Article 02(2) of the Constitutio...... Involved: M. Enayetur Rahman, Advocate instructed by Mrs. Sufia Begum, Advocate on-Record - For the petitioners Not represented – the Respondents Civil Petition for Leave to Appeal No. 1054 of 2004. Judgment M. M. Ruhul Amin J. - This petition for leave to...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ..Category: Civil Law | Date: | Hits: 92
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ...... default on the view that because of the expression used in the order of the High Court Division the same was final one and. that on the expiry of the stipulated time the High Court Division had no power to consider the application filed on 6.12.1999 stating the fact in the background whereof the......vision in Civil Revision No. 4256 of 1999). Judgment Md. Ruhul Amin J. - This is a defendant's appeal, by leave, against the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which w......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....resaid holding that the respondent P.A-Cum Stenographers attached to the Judges of the Supreme Court of Bangladesh have been discriminated in the matters relating to scale of pay, status and other financial facilities enjoyed by their counterpart in the Secretariat. 7. Being ......oner/respondent distinguished 44 DLR AD 111 submitting that to give effect to Article 136 of the Constitution, Services (Re-organization and Condition) Act 1975 was enacted and section-5 thereof empowered the Government, by order notified in the official gazette, to prescribe united grade and sc......and Others……….....Appellants Vs. Md. Shamsul Huq……………..Respondent. Judgment: August 10, 2006. Cases Referred to- Mujibur Rahman (Md) vs. Government of Bangladesh and others 44 DLR (AD) 111; Bangladesh,......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..Category: Employment/Service Law | Date: | Hits: 104
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ...... capacity or who is an agricultural worker engaged in an agricultural farm, whether ancillary to any industrial unit or not." 4. Section 3 of Act 10 of 1974 provides Government's power to determine terms and condition of service of works of State owned manufacturing industries ......ab Hossain, Advocate-on-Record - For Respondent No. 1. Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented - For Respondent No. 2. Civil Petition for Leave to Appeal No. 608 of 2002 (From the judgment and order dated 14.1.2002 passed by the High Co......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ..Category: Labour and Industrial Law | Date: | Hits: 77
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......ive Tribunal has exclusive jurisdiction in such matter. It has further been stated that the Bangladesh Civil Service (Examination for Promotion) Rules. 1986 was framed by the President in exercise of power conferred upon him by the Martial Law Proclamation dated 24.3.1982 in which it is stated that ......he Secretary, Ministry of Establishment and others .......Respondents Judgment August 11, 2003. Result: The appeal is dismissed. (a) A law may be constitutional even though it relates to a single individual, if on account of some special circumstances or reasons applicable to h...... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ..Category: Employment/Service Law | Date: | Hits: 133
Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)
....dence brought on record by the parties decreed the suit in favour of the Bank. The Artha Rin Adalat Ain provides for appeal as against the decree passed by the Artha Rin Adalat in a suit filed by a financial institution for the recovery of the loan money. In the case reported in 54 DLR (AD) 6 th......f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......ip;…………………Petitioner Vs. Artha Rin Adalat, Dinajpur and others …………....Respondents Judgment October 20, 2005. Case Referred to- Gazi M Towfic Vs. Agrani Bank and others, 54 DLR (A......f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ..Category: Civil Law | Date: | Hits: 73
Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 793. ......ice and others, 50 DLR (AD) 82, and the case of Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 16 BLD (AD) 110 held that the Government has the power under the second proviso to section 4 of the Act to extend, curtail, alter or otherwise alter......p;...............Petitioner Vs. Md. Hafizuddin Ahmed and others…………........Respondents Judgment January 27, 2008. Cases Referred to- Mvi Md. Khurshid Alam vs. Secretary, Ministry of Law, Justice and others, 50 DLR (...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 793. ..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......ional Court is permit-ted to reassess the evidence in the light of the pleadings of the parties and also may consider all other evidence on record and is not restricted in exercise of its revision-al power as is limited under Section115 (1) of the Code of Civil Procedure. 6. The High Court Divis......: A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by ......of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789...Category: Tenancy Law | Date: | Hits: 151
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....faulted in not supplying the working drawing along with the site plan. 3. The 2nd party caused serious hindrance in the work progress consequent upon which the 1st party suffered tremendous financial hazards. The 2nd party instead of doing some thing that can enable the 1st party to start......k order dated 27.08.1994 and the entire work was fixed at Tk.1,07,83,710.91. The 1st party furnished 5% of the tender value being for Tk.5, 39, 186.00. The contract contained Clause No. 20 which empowers Bangladesh Bank for extension of time without prove escalation. Since the statement of ......ip;..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment March 27, 2008. Case Referred to- Coal Controller Vs. Ventura Industries, 45 DLR (AD) 184. Lawyers Involved: ......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..Category: Business or Commercial Law | Date: | Hits: 129
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