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...., in short the company, carries on business, inter alia, of manufacturing and marketing of beverage products having established a modern factory in Gazipur and after taking necessary license from the relevant authority of the Government produced, "malt beverage" and the company markets its products ......eral appearing for the appellants and Rafique-ul Huq, learned Counsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.
12. It appears that the appellants admitted before the High Court Division abou......ted in: VII (ADC) (2010) 132.......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132...
Category: Others | Date: | Hits: 144
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......ivision. 10. Leave was granted to consider the above submissions. 11. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 12. Admitted position is that the respondent participated in the tender for p......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Ci......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..Category: Limitation Law | Date: | Hits: 154
....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201....... the above submissions.
9. Heard the learned Advocate-on-Record including the leave granting order and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.
10. The learned Advocate-on-Record submits that Bangladesh Water Development ......llate Division
(Civil)
Present:
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Joynul Abedin J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
Bangladesh Water Development and others.........Appellants
Vs.
The Chairman, Divisional Labour Court, Khulna and another…......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201...
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......9. Leave was granted to consider the above submissions. 10. Heard Mr. M. A. Azim, learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. The learned Advocate submits that the pleading in paragraph No.3 of the pla......Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Basarat Ali……………………........Appellant Vs. Md. Abdul Mannan and others……........Respondents Judgment July 9, 2008. Lawyers Involved: Khondker M......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ..Category: Property Law | Date: | Hits: 33
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
.... purchase; the property was surveyed on many occasions by the Government Officials who noted down the particulars of the house and was satisfied with the appellant's presence in the house and the relevant documents. The process server of the settlement court came to the aforesaid building on Oct......eave was granted to consider the submission. 7. We have heard Mr. Mahbubey Alam, learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. Mr. Md. Ali Akand, learned Deputy Attorney General appeared for the respon......arim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mohammad Shahid Ullah ............Appellant Vs. Chairman, First Court of Settlement, Dhaka and others ........Respondents Judgment February 27, 2008. Lawyers Involved: Mahbubey A......; the property was surveyed on many occasions by the Government Officials who noted down the particulars of the house and was satisfied with the appellant's presence in the house and the relevant documents. The process server of the settlement court came to the aforesaid building on October, 199..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......y. 7. Leave was granted to consider the above submissions. 8. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the appellate court being the last court of fact rightly...... Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Shamsun Nahar .....................................Appellant Vs. Khairunnessa Sadiq and others...............Respondents Judgment May 6, 2009. Lawyers Involved: ......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....case of respondent No. 3. 7. The learned counsel appearing for the appellant submitted that in the absence of any evidence of existence of respondent's father Munzur Ahmed in Bangladesh at the relevant time on 26.06.1972 it is presumed that Munzur Ahmed the lessee/owner was not available in......ring for the appellant and Mr. Abdul Wadud Bhuiyan, the learned Counsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 12. It appears that the court of settlement rightly held that whereabouts o......in CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Golam Rab Chowdhury…………………………….....Appellant Vs Mrs. Sajeda Begum and others.................Respondents Judgment October 8, 2009. Lawyers Involv......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
.... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ......rt with modifications. 6. We have heard Mr. M.A. Wahab, the learned Counsel for the petitioners and perused the impugned judgment of the Administrative Appellate Tribunal and other connected papers on record. 7. The Administrative Appellate Tribunal held that the Divisional Electrica...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, represented by the secretary, Ministry of Communication, Bangladesh Secretariat, Dhaka and others...........Petitioner Vs Md. Zillur Rahman .................Respondent ...... not find any legal infirmity 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
....d the same at the customs laboratory. As per report, the goods were found to be Solvitose DK. as described in the commercial invoice. Thereafter on 30.09.1999 the required Bill of Entry together with relevant papers and documents were submitted for the purpose of assessment of the customs duty, tax ......e at the customs laboratory. As per report, the goods were found to be Solvitose DK. as described in the commercial invoice. Thereafter on 30.09.1999 the required Bill of Entry together with relevant papers and documents were submitted for the purpose of assessment of the customs duty, tax and other......) 65.
......and that the said Solvitose DK is covered under H.S. Code-No.3809.91 for the purpose of customs classification and on arrival of the said consignment, the customs authority on receipt of the shipping documents took sample of the imported goods in bottles on 23.09.1999 and examined the same at the cu..
Category: Fiscal/Taxation Law | Date: | Hits: 253
....ি নং ৪(২) মুসক/বাস্তঃ সেবা ও আধঃ/৯৭/৪৪২ (১-১৭) dated 11.5.2002 of the National Board of Revenue (NBR) communicating the decision to the relevant authorities for realization of VAT treating the Pre-shipment Inspection Agencies (PSI) as (......o be rendered by the PSI Agency as per provision of section 25A of the Customs Act as well as per contract signed between the Government and the PSI Agency starts with verification of L.C and other papers within the territory of Bangladesh and that ends with the reaching of the certificate issued ......t
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzul Islam J
National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases)
Vs.
Intertek Testing Services International Ltd.......া" is of the category of service renders by the PSI Agency and hence there was no separate notification signifying service of PSI Agency is vatable. It may be mentioned on the date on which tender documents were made available to the intending bidders seeking appointment of PSI Agency and that th..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....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. ......on the petitioner has filed this petition for leave to appeal. 5. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 6. It appears that the Court has allowed the prayer for audit by the Invest......Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Abdus Samad Sheikh and another………………….Petitioners Vs. Khaleda Begum and others...................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 Commission 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. ......orruption Commission has filed this petition for leave to appeal. 8. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the High Court Division has correctly followed the obser...... Karim J Md. Tafazzul Islam J Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ..................Petitioner Vs. Sigma Huda and another........................Respondents Judgment June 19, 2008. The Criminal L......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
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
.... law; that Article 52 of the Dhaka University Order, 1973 provides that the provision for appeal before the Chancellor against any order of an officer or authority of the University, which is not relevant in the instant matter. In fact, the relevant provision in the instant matter is provided in...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......II ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....on at the time of fixing the "indicative value", the statement of the appellants in Annexure-2 to the affidavit-in-opposition to the effect that the price of CDSO in the international market at the relevant time was at about US$ 580/585 per metric tonne and, in that state of the matter, the appell......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ...... 217. ......taxes on the basis of normal price to be determined in accordance with law considering the prevalent market price at the country of origin with an opportunity to the importers to produce any paper or documents in support of their invoice values, inasmuch as the provisions of section 30 of the Cust..Category: Fiscal/Taxation Law | Date: | Hits: 86
....ications as required under the said Rules. The reference to Rule 7(2) of the Legislative Drafting Officers (Ministry of Law, Justice and parliamentary Affairs) Recruitment Rules, 1998 is absolutely irrelevant as the writ-respondent No. 5 had never applied to the Government to return to his former se...... Ali, learned Counsel and Kamrul Islam Siddique, learned Advocate appearing for the respondent No. 1 and perused the petitions and the impugned judgment and order of the High Court Division and other papers on record.
8. The main contention of the appellant in Civil Appeal No.111 of 2008 is that ......Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal............Appe......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
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. ......ker Mahbubuddin Ahmed, the learned Counsel for the petitioners and Harendra Nath Nandi, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division it appears on consideration of the materials on record and......ported in: 15 MLR (AD) (2010) 17. ......s. The High Court Division also held that the vendor of the defendant, Biswanath Dey was very much present in this country and appeared before the sub-Registrar for the purpose of registration of the documents in their favour and the High Court Division disbelieved the evidence of P.W.5 Kazi Abdul K..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.
...... H. Khan and A.J. Mohammad Ali, the learned Counsel appearing for the respondent Nos.1-4 in both case and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.
8. Mahmudul Islam, the learned Counsel submits that the appellants having praye......(ADC) (2010) 113; 7 LG (AD) 2010, 5.
...... arising out of order Dated 02.1991 of the High Court Division clouding the title of the Appellant. The suits filed by the original owners of the disputed cause of action arising from the creation of documents relating to exchange of the disputed property and so the provisions of Order 23 Rule 1(3) ..
Category: Property Law | Date: | Hits: 43
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
....iescence and estoppel from challenging the Tariff Value as fixed for the purposes of assessment of duty, tax and other charges by the Customs Authority. Further, the petitioner did not disclose any relevant or reliable material in the writ petition to show that the Tariff Value as fixed has no n......etitioner in course of his business opened a letter of credit on 02.02.1999 through National Bank Limited, Khatoongonj Branch, Chittagong for importing of DRAGON BRAND CHINA ORIGIN white cigarette papers for an amount of US $ 36,160.00. On arrival of the consignment at Chittagong the petitioner ......Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Rupak Dey…………...........................Petitioners Vs Commissioner of Customs and others…......Respondents Judgment January 23, 2008. Case Referred......IN white cigarette papers for an amount of US $ 36,160.00. On arrival of the consignment at Chittagong the petitioner submitted two bills of Entry on 14.03.1999 along with all necessary papers and documents to the customs authority for the purpose of assessment of customs duty, tax and other cha..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....ch was relied on while passing such order did not even recommend for such withdrawal of the Monthly Pay Order, rather it recommended for its continuation. 9. Careful examination of the relevant law and the fact obtaining in the case shows that the Ministry of Education acted con...... learned Deputy Attorney General for the appellants and Mr. Md. Nurul Amin, the learned Advocate for the respondents and perused the impugned judgment of the High Court Division and order connected papers. 7. The learned Deputy Attorney General for the appellants argues that the High Court...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Secretary, Ministry of Education and others…………………Appellants Vs. Mowl......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
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......a Judge's Court. Defendant Nos.1-3 were minors during the time of S.A. operation. The defendant No.4 entrusted the husband of the plaintiff with the recording of the land and handed over necessary papers to him. The plaintiff’s husband by withholding those papers and by creating false and ......I ADC (2009)1006. ......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..Category: Property Law | Date: | Hits: 138
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