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Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....I of 1989), section 11 Since the decision of the Board of Investment is deemed to be the decision of the Government order of the Board of Investment to allow exempted rate for releasing the disputed machinery the National Board of Revenue shall implement the same and the respondent should......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....oner, submits that the impugned modification order should not have been made during the pendency of the contempt case because decree-holder-respondent No.2 would execute the decree and realise the disputed money causing great prejudice to the petitioner. 5. We have not been able to unde......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ..Category: Others | Date: | Hits: 74
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......escinded by the Board itself in exercise of its authority under the Regulations, but the learned Judges of the High Court Division upon misconstruction of the said Regulation 12 fell into an error in holding that the writ petitioner was dismissed from service in violation of the said Regulation. ..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the suit for permanent injunction. The learned single judge was not correct in holding that there was no continuing threat to file the suit………(9) ..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......nstead of forcing her to go through a second trial. 12. We find considerable substance in the submission of the learned Advocate. The learned Judge of the High Court Division was right in holding that the (Bishesh Bidhan) Adalat under the aforesaid Ain of 1995 could not try an offence u..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......h Court Division upon considering the said affidavit and hearing the appellant’s Advocate in an equally rambling and untidy judgment convicted and sentenced the appellant as already noticed, holding in the end of the judgment: So, the reporting by the contemner about the loca..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... 145 Cr.P.C. stating, inter alia, that the aforesaid petitioner Abul Bashar Chowdhury has already filed Title Suit No. 216 of 1994 in the 3rd Court of Subordinate Judge, Dhaka for partitioning the disputed plot claiming his share of 0.036 acres out of a total area of 0.69 acres and in that suit ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
.... in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the state and the government knows best how to preserve them, but the courts...... Md. Abdul Jail, J found as follows: The ground is that on 10-12-90 the detenu in an interview with the BBC correspondence stated that he would start election campaign by holding a meeting of his party on 16-12-90 or on a near about date and he had nothing to repent or ..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ...... it has a presumptive value as regards its genuineness which has escaped the notice of the Court of Settlement. The Attorney-General further submits that the High Court Division committed wrong in holding that the production of the certified copy of the registered deed of gift instead of the ori..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....d possession of the land was taken over by the Government and it was handed over to the RAJUK and it set up Uttara Model Town upon the land and that the petitioner’s claim of possession being disputed cannot be decided in writ jurisdiction. 5. Sub-section (1) of section 29 of the To......1982 Ordinance. 6. For the aforesaid reasons we do not find any merit in the submissions of Mr. Khandker Mahbubuddin Ahmed that the High Court Division instructed committed error of law in holding that section 12 of 1982 Ordinance does not apply to the land requisitioned under section 93..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....esentations made by the respondent for its release. 7. The Peoples Republic of Bangladesh (appellant No. 1) contested the writ petition. In the affidavit-in-opposition it contended that the disputed property comprising 6 rooms was requisitioned on 1 July 1974 and the other rooms on 16 Jul......ng 6 rooms was requisitioned on 1 July 1974 and the other rooms on 16 July 1974 for use and occupation of the Jatiya Rakshi Bahini and that the notices of requisition of the different parts of the holding were duly served upon the respondent and others who were then in possession thereof. It als..Category: Property Law | Date: | Hits: 73
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......) of the Ordinance and that the settlement was not a settlement within the meaning of section 2(XXIV) of he Ordinance read with Rule 3(1) of the Rules 1977. 5. The Tribunal allowed the case holding that the benefits obtained under a terminated settlement has a binding force till a new se..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......on 19 of the Customs Act and the High Court Division failing to notice the distinction of the facts of the present case and the aforecited decision in 48 DLR (AD) 199 committed an error of law in holding that the duty is to be paid on the tariff value prevalent on the date of opening of the let..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
....the Mirpur Bus Stand No. 1 where the victim was found lying unconscious in a pool of blood with stab injury. On being taken to the hospital the doctor declared him dead. Death of the victim is not disputed and the same has been proved by the evidence of the doctor PW 5 who held post mortem exami......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ...... remove the plaintiff from his service. 4. After considering the evidence both oral and documentary and the law involved learned Assistant Judge by judgment dated 25 1-1996 decreed the suit holding, inter alia, that the procedure laid down under rules 15 and 16 of the Service Rules for th..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......document is the proper price and not a lesser price. The trial Court as well as the appellate Court has not, it appears, considered these documents of the defence which was very much necessary for holding that the questioned document is a deed of mortgage. When the allegation is that the recital..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......the office of Director and that such nomination needs to be considered by the Board of Directors to determine the eligibility of the candidate and/or his agent and also to make arrangements for holding a vote. This is what is meant by “recommendation by the Directors. The “recomm..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......ain, learned Counsel for the appellant, submits that clause (8) of regulation 42 having been omitted during the pendency of the proceeding, the High Court Division fell into an error of law in not holding that the repeal of the said clause could not have retrospective operation affecting the ves..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ...... 2. The plaintiffs’ application for striking out the defence was ultimately taken up for hearing on 17 November 1996. After hearing the parties the learned Subordinate Judge rejected it, holding that the requirement of Order 11, rule 8 to answer interrogatories was directory and that t..Category: Procedural Law | Date: | Hits: 97
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ...... of the decretal amount as the bank guarantee is as good as cash money. 3. The learned Judges of the High Court Division by the impugned Order summarily dismissed the Memorandum of Appeal holding that the petitioners not having had deposited 50% of the decretal amount in cash the Memora..Category: Business or Commercial Law | Date: | Hits: 115