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Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
.... AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh………..Petitioner Vs. ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......er is good service on the Government.(8) The Limitation Act, 1908 (IX of 1908), Article 95 Article 95 of the Limitation Act in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. La...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..Category: Procedural Law | Date: | Hits: 97
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
.... Syed Abu Hossain Arshad and others……..Petitioners Vs. Bangladesh Sugar and Food Industries Corporation and ors ……………Re......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ...... July 29, 2001. The Industrial Relations Ordinance, 1969 (XXIII of 1969), section 34 Section 34 of the IRO allows a workman to apply to the Labour Court for the enforcement of any right guaranteed or secured to him by or under any law. ......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ..Category: Labour and Industrial Law | Date: | Hits: 115
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....; Government of Bangladesh and other…… Petitioners Vs. Nidhi......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......uty Attorney-General, instructed Mvi Md Wahidullah—Advocate-on-Record—For the Petitioners. Nor represented—The Respondents Civil Petition for Leave to Appeal No. 612 of 1996 (From the judgment and order dated 8th July, 1996 passed......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....bsp; AKM Ali Imam......................................Petitioner Vs. DG, Bangladesh Agricultural Research Institute & another....................Respondents &nbs......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ...... The Administrative Tribunals Rules, 1982, Rule 7 The execution case was dismissed on the ground that the order passed by the Tribunal was declaratory without any direction for reinstatement and as such the said order is not executable. ......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....irul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa Bank Bhaban, 17-18 Floors, 8, RAJUK Avenue, Motijheel, Dhaka-1000 and others...........that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ...... Judgment April 30, 2006. IFIC Bank Service Rules, Rule 30.02 Item 6 On the face of the admitted fact that the petitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....d Fazlul Karirn J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank Bangladesh Ltd. and others…….................. Respondents Lawyers Involved: ......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......olved: Mr. Md. Nowab Ali, Advocate-on-Record- For the Petitioners Not represented- Respondents Judgment 27 October 2002. Lawyers Involved: Civil Petition for Leave to Appeal No. 825 of 2000. (From the judgment and order dated 07-08-2000 passed by......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....bsp; Sarat Chandra V. Bijoy Chand, AJR 1937 PC 46 atp.47. Kishore Chandra Vs. Ganesh Prasad, Am 1954 SC 316 at p 320; Jagir Kumar vs. Jaswant Singh, AIR 1963 SC 1521. Moulvi Md. Khurshid Alam vs. Bangladesh 50 DLR (AD) 82. Kazi Md. Amirul Islam vs. Bangladesh 16 BLD (AD) 110;Kazi Imamuddin Bhu......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......ittagong. His father was appointed as Marriage Registrar of Patenga, Halishar, Agrabad and Rampur area under Double Mooring Police Station of Chittagong District and on his leave from December 17, for 10 weeks for illness the writ petitioner was appointed as Nikah Registrar giving temporary lice......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....was enlisted as enemy property and Abdul Latif Molla who was borgader applied for lease and was granted lease by the Government on 09.07.1970. After the liberation of the country Biraj came back to Bangladesh and filed objection against the lease granted in favour of defendant No.1 but his objec......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......or Advocate instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner A.S.M.Khalequzzaman, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No.30 of 2002. (From the judgment and order dated 21.10.2001 passed by ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ..Category: Property Law | Date: | Hits: 51
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
.... appellant No. 1. Ed.......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......uisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982) (Amending Act 20 of 1994), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquired land files a revision award case. That itself can sufficiently be considered t......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
.... Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioners Not represented- For Respondent Civil Petition for Leave to Appeal No. 1605 of 2001. (From the judgment and order dated 29-04-2001 pa......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
.... Ed. ......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......ontest against the order No.3 dated 3.1.2000 in Administrative Tribunal Case No.282 of 1999 rejecting as premature the application filed under section 4(2) of the Administrative Tribunal Act, 1980 for respondent's reinstatement in service as Assistant Director after setting aside the order dated......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....R. A. Jute Mills Limited….......Petitioner Vs. Janata Bank and others........ Respondents Judgment 5 January, 2006 Case Referred To- Idris Miah vs. Bangladesh and others 10 BLC (2005) HCD 728. Lawyers Involved: Saiful Reza, Advocate......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......haled Ahmed, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record- For Respondent No. 1 Not represented-For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No.993 Of 2004 (From the judgment and order dated 12.05.2004 passed by t......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 121
....J
Md. Tafazzul Islam J
Messers Chemico Laboratories Ltd. represented by its Chairman of Tikapara Ghoramara Rajshahi...................Petitioner
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Finance Internal Resources Division and others.......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
......ddin Mahmud, Senior Advocate (Md. Momtazuddin Fakir, Advocate with him) instructed by AKM Shahidul Huq, Advocate-on-Record- For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 835 of 2004.
(From the judgment and order dated 08.05.2004 passed by the ......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....ision (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Ashaduzzaman................ Petitioner. Vs. Bangladesh, representedby the Secretary, Ministry of local Government, Engineering and Rural Develo......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ...... Advocate, (Faheemul Huq, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For respondent No. 4. Not represented- Respondent Nos. 1-3. Civil Petition for Leave to Appeal No. 705 of 2005 (From the judgment and order dated 16.05.2005 passed by ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 120
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....resent: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Arnirul Kabir Chowdhury J Md. Saifur Rahman Emam................. Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development, Bang......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......itioner Mr. Fida M. Kamal, Additional Attorney General, instructed by Mr. A.S.M. Khalequzzaman, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No. 337 of 2006. (From the judgment and order dated 20.03.2006 passed by......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....Respondents Judgment July 31, 2005. Result: The appeal is dismissed. Cases Referred to- Union of India and another vs. Ladulal Jain AIR 1963 SC, 1681. M/s. Anwar and Brothers vs. Bangladesh Shipping Corporation (1995) 15 BLD (HCD) 447. Lawyers Involved: Abdus Samad, Seni......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......seeking rejection of the plaint of Title Suit No. 135 of 1995. 2. The genesis of the Title Suit No. 135 of 1995 is that the Respondent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Subordinate Judge and Artha Rin Adalat, Rangpur impleading the appellant as the so......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....ent: Mainur Reza Chowdhury J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J Md. Shafique Ahmed........................................ Petitioner Vs Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and ot......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......ent Civil Review Petition No. 32 of 2000. (From the judgement and order dated 12th March 2000 passed by this Division in Civil Petition for leave to appeal No. 645 of 199) Judgment: &n......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....est bidder for Tk. 84,00,000/- (Tk. eighty four lacs) only; that Abdul Khaleque Bain was a citizen of Pakistan and the plaintiff No. 1 has created deeds from Abdul Khaleque Bain by bringing him to Bangladesh; that the terms and conditions of section 8 and 9 (D) of the tender form were not applic......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ...... Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented- For the Respondents. Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 p......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
.... No. 95 of 1970 claiming a sum of Rs. 1,35,000/-due on a contract for the construction of Rajshahi Medical College. The suit was pending after liberation and on application filed by the Government of Bangladesh, under Article 3(2) of the Bangladesh (Legal Proceedings) (Special Order), 1972, briefly ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: .............................. Appellant Vs. Subordinate Judge, 3rd Court, Dacca & others ……………..Respondents Judgment July 28, 1980. Result: The appeal and the petition for special leave are dismissed. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 106
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....hahabuddin Ahmed J Udaypur Halima Darul Ulum Madrasha and others ……………………………….Appellant. Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reform......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......p;……………………….Appellant. Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and another……………Respondents Judgment July 29......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 93
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