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Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

....69,  imported  114 sets of General Brand Split type air-conditioners from Japan under LC No. 1170/091/29/96 dated 27-4-1996 for US$ 51,300 opened through Agrani Bank, Bangabandhu Avenue, Dhaka; that the beneficiary under the said LC was Messrs Best Corporation, Tokyo, Japan; that the s......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 126

Serajul Hoque (Md) Vs. Government of Bangla­desh, 2007, 36 CLC (AD)

....y of the Rule, by office order No. 1007 of 2002 dated 12-12-2002 respon­dent No. 4 was promoted to the post of Senior Deputy Director (Survey) BIWTA and posted in the Hydrography Department in Dhaka as Assistant Chief Hydrographer. 6. Being aggrieved by the aforesaid order of the BIWT......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 59

Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)

....of 17 decimals of land out of 1.25 acres of land appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286/310 of SA Khatian No. 165 (Sabek) and 137(hal) of Mouza Begunbari, PS Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes, etc. but they were disposs......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 37

Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)

....ed by a learned Single Judge of the High Court Division making the Rule absolute and thereupon setting aside the judgment and decree dated July 6, 1992 of the 1st Court of Additional District Judge Dhaka in Title Appeal No.185 of 1968 affirming the judgment and decree dated March 30, 1968 of the ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 44

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)

.... company convened its 20th Annual General Meeting on 28-4-2003 by a notice dated 7-4-2004 and also took all preparations for holding the said Annual General Meeting on 28-4-2003 at Hotel Sonargaon, Dhaka; there is no restriction in the Companies Act,1994 regarding the tenure of directors of a pub...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 99

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....officer visited place of occurrence, seized alamats and examined witnesses. 21. On 24-11-2005 accused Md Iftekhar Hasan @ Al-Mamun was produced before Mr. Md. Safiq Anwar, Metropolitan Magistrate, Dhaka (P.W 41) to whom the accused gave a confessional statement recorded by the aforesaid learned M......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..

Category: Criminal Law | Date: | Hits: 213

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....Leave to Appeal No. 622 of 2004 has been filed at the instance of the writ petitioner-Bangladesh Agricultural Development Corporation (BADC) 49-51. Krishi Bhaban, Dilkusha Commercial Area, Motijheel, Dhaka represented by the Chairman against the judgment and order dated 20-3-2004 passed by a Divisio......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..

Category: Business or Commercial Law | Date: | Hits: 135

Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)

....n-Record—For the Petitioner. Not represented— The Respondent. Civil Petition for Leave to Appeal No. 64 of 1990. (From judgment and order dated 18.2.90 passed by the High Court Division, Dhaka, in Writ Petition No. 309 of 1990). Judgment Shahabuddin Ahmed CJ. - Petitioner, a Gove......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitu­tion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..

Category: Constitutional Law | Date: | Hits: 159

NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Compa­ny (BD) Ltd., 1990, 19 CLC (AD)

....n in Writ Petition No. 235 of 1985). Judgment MH Rahman J. - This appeal by special leave, at the instance of the Revenue, is directed against the judgment and order of the High Court Division, Dhaka, passed in the respondent's Writ Petition No. 235 of 1985. 2. The respondent, M/s. Bata Sho......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)

....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......wing day in spite of objection raised by some of the contesting candidates; particularly the respondents. The result of the election was an­nounced and it was going to be published in the offi­cial Gazette by the election Commission. At this stage the election in each of these three Unions was cha..

Category: Election Law | Date: | Hits: 163

Atiqur Rahman and an­other Vs. State, 1989, 18 CLC (AD)

....eneral, instructed by A.W. Mallik, Advocate-on-Record — For the Re­spondent. Criminal Appeal No. 18 of 1989. (From the judgment and order dated 5 July 1988 passed by the High Court Division, Dhaka, in Crim­inal Appeal No. 148 of 1986). Judgment Shahabuddin Ahmed J. - This appeal by ......ppellants is found to be justified based on cor­rect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..

Category: Criminal Law | Date: | Hits: 45

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

....ocate with him, instructed by Sajjadul Huq, Advocate-on-Record —For the Respondent. Civil Appeal No. 23 of 1989. (From the judgment and order dated 9.6.1988 passed by the High Court Division, Dhaka in Writ Petition No. 50 of 1985). Judgment Badrul Haider Chowdhury CJ. - This appeal b......ntrol section 30. Section 19 reads as under: "The Government subject to such condi­tions, limitations or restrictions, if any, as it thinks fit to impose, may, by notification in the official Gazette, exempt any goods imported into, or exported from, Bangladesh or into or from any specif..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

.... Case is also Reported in: 42 DLR (AD) (1990) 162. ......ory law and as such no notification under such law can control the sub-constitutional legislation. Sec­tion 60 reads as: — "60. (1) The (Government) may, by noti­fication in the (official Gazette), make an exemption, reduction in rate or other modification, in respect of income tax in ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

....ttorney-General, instructed by A.W. Malik, Advocate-on-Record— For the Respondent. Criminal Appeal No. 1 of 1989. (From the judgment and order dated 31.3.87 passed by the High Court Division, Dhaka Bench, in Criminal Appeal No. 81 of 1985). Judgment ATM Afzal J. - In this appeal leave......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..

Category: Criminal Law | Date: | Hits: 52

Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)

....r the Appellant. Miah Abdul Gafur, Advocate-on-Record— For the Respondent. Civil Appeal No. 84 of 1989. (From the Judgment and Order dated 1 August, 1989 passed by the High Court Division, Dhaka, in first Appeal No. 81 of 1989). Judgment Shahabuddin Ahmed J. - In this appeal by spe......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ..

Category: Civil Law | Date: | Hits: 117

Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)

....R. Mudassir Husain CJ Md. Ruhul Amin J Mohammad Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Divisional Forest Officer, Dhaka Forest Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............peti......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..

Category: Property Law | Date: | Hits: 48

Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)

....Kabir Chowdhury J Md. Sarwar..............................Petitioner Vs. Bangladesh repre­sented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judgment May 24, 2005. Lawyers Involved: ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 80

Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)

....irul Kabir Chowdhury J Rafiqul Majid Pintu alias Pintu………………...Petitioner Vs. The State represent­ed by the Deputy Commissioner of Dhaka………....Respondents Judgment August 8, 2004. Lawyers ......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 52

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....ry J Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. Lawyers Involved: ......thereafter the petitioner made repeated repre­sentations to the respondents for payment of compensation after finalizing the process of acquisition by way of publishing it in the offi­cial Gazette but the respondents did not care to finalise the same; the High Court Division, after heari..

Category: Property Law | Date: | Hits: 33

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....he afore­said proceeding under section 145 of the Code of Criminal Procedure ensued between the parties in view of a report dated 20.01.1998 submitted by the officer-in-charge, Dhanmondi, DMP, Dhaka in connection with General Diary No. 1194 dated 19.01.1998 of the said police station reporti......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Procedural Law | Date: | Hits: 154