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SA Coconut Mills Ltd. Vs. Government of the People’s Republic of Bangladesh and Others, 2001, 30 CLC (HCD)

....ereira, Advocates—For the Petitioner. MR Hasan, with Ms Nahid Yasmin, Assistant Attorney-General—For the Respondents. Writ Petition No. 4854 of 2000. Judgment AKM Shafiuddin J.- This Rule has arisen out of an application under Article 102 of our Constitution. The petitioner, SA Coco......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 1. ..

Category: Fiscal/Taxation Law | Date: | Hits: 108

Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)

....with Moqbul Ahmed, Advocates‑ For Opposite Party No. 2 Syed Abu Kowser Deputy Attorney‑General‑For the State. Criminal Miscellaneous Case No. 3204 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon the opposite party to show cause, why the proceedings of Chittagong Kot......e quashed giving the parties an opportunity to sort out their respective claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..

Category: Civil Law | Date: | Hits: 83

Borhan Uddin (Md), Advocate Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 1999, 28 CLC (HCD)

....r the Respondent No. 3. Writ Petition No. 3005 of 1998. Judgment Mainur Reza Chowdhury J.- On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Memo No.2862/......val of the petitioner is illegal and without any lawful authority. The Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 81...

Category: Employment/Service Law | Date: | Hits: 108

Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)

.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......ssessment of another sum of Taka 2.00 lac for damage and loss to the project. The learned Advocate contends that as regards the assessment of Taka 6.86 lac as a loss for stoppage of the Mill there is absolutely no evidence or date and the plaintiff also failed to prove that he suffered a loss of Tak..

Category: Civil Law | Date: | Hits: 72

M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)

....er. AJ Mohammad Ali, Additional Attorney‑General with Karunamoy Chakma, Assistant Attorney-General-For the Respondents. Writ Petition No. 4484 of 1996. Judgment MM Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the revised plan, of secti......t. It is further stated that the petitioners shall not be prejudiced if allotment for residential plot, construction of community Centre and construction for police station in the case land, which is absolutely vested upon the Government, are made. It is further stated that there will not be any env..

Category: Environmental Law | Date: | Hits: 259

Shah Dairy Products Limited Vs. Commissioner, Customs, Excise and VAT Chittagong and others, 1999, 28 CLC (HCD)

....in Mahmud with Mobina Asif Rahman, Advocates—For the Petitioner. Quazi Rezaul Hoque, Advocate—For Respondent No.1. Writ Petition No. 2069 of 1998. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Shah Dairy Products Ltd., calling upon the respond...... the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 72...

Category: Fiscal/Taxation Law | Date: | Hits: 93

Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)

....olved: Nitai Roy Chowdhury, Advocate—For the Petitioner. Moazzem Hossain, Advocate—For the Opposite Party. Civil Revision Case No.169 of 1997. Judgment Mahfuzur Rahman J. - This Rule at the instance of the plaintiff under section 115 of the Code of Civil Procedure is directed a...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ..

Category: Property Law | Date: | Hits: 30

Jamal Hossain (Md.) and others Vs. Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others, 1999, 28 CLC (HCD)

....20, 1999. Lawyers Involved: M Quamrul Hassan, Advocate—For the Petitioners. Not represented—the Respondents. Writ Petition No.6948 of 1997. Judgment Md. Ali Asgar Khan J.- This Rule was issued at the instance of the petitioners being the heirs of late Mi Akbar calling upon the......’s Order No. 16 of 1972 is not attracted in respect of the case house in which they are in possession from the time of their predecessor for which the Rule issued by this Court is liable to be made absolute. 3. Mr. M. Quamrul Hassan, learned Advocate for the petitioners has submitted that the p..

Category: Property Law | Date: | Hits: 28

Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)

.... application under Article 103 of the Constitution is for leave to appeal against the judgment and order dated 24.11.2009 passed in Writ Petition No.6345 of 2009 by the High Court Division making the Rule absolute. 2. The respondent No.1 hereof as peti­tioner filed the writ petition challenging ......ication under Article 103 of the Constitution is for leave to appeal against the judgment and order dated 24.11.2009 passed in Writ Petition No.6345 of 2009 by the High Court Division making the Rule absolute. 2. The respondent No.1 hereof as peti­tioner filed the writ petition challenging the c..

Category: Civil Law | Date: | Hits: 81

Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)

....ain J Farid Ahmed J Dr. Abeda Begum and others..............Petitioners Vs. Public Service Commission and others…………..Respondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and ot......id Ahmed J Dr. Abeda Begum and others..............Petitioners Vs. Public Service Commission and others…………..Respondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shah..

Category: Employment/Service Law | Date: | Hits: 134

AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

.... Shakir Hossain, Advocates—For the Petitioners. Shah Khashruzzaman with Reshma Sultana, Advocates—For Respondent No. 3. Writ Petition No. 6928 of 2001. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directe......ical possession of the acquisitioned lands of Bailjuree Mouza to RAJUK on 18-9-90, 23-9-90, 27-9-90, 18-1-90 and 24-1-1990 after completing the process of acquisition and the property acquired vested absolutely in the RAJUK. Having taken over possession of the land RAJUK proceeded to develop such la..

Category: Property Law | Date: | Hits: 34

Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)

....Md. Abdur Rashid J  Kadam Ali Bhuiyan (Md)…………Petitioners Vs. Begum Saheda Nur……………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute   Right to easement   If a pathway is used for egress an......hid J  Kadam Ali Bhuiyan (Md)…………Petitioners Vs. Begum Saheda Nur……………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute   Right to easement   If a pathway is used for egress and ingress fro..

Category: Property Law | Date: | Hits: 30

Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)

....sul Haque, Assistant Attorney-General with Ms. Quamrunnessa Ratna, Assistant Attorney-General — For the Respondents. Writ Petition No. 4361 of 2000. Judgment Mashuque Hosain Ahmed J.- This Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued, c......gly been declared as abandoned property by the Court of Settlement and also that the property was wrongly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 17..

Category: Property Law | Date: | Hits: 29

AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)

....Ali Jinnah, Advocates—For the Petitioner. Habibul Islam Bhuiyan, Advocate—For Opposite Party No. 1. Civil Revision No. 950 of 2000. Judgment AKM Fazlur Rahman J.- This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed agains...... filed by the defendant No. 3. Against that order the defendant No. 3 filed a revisional application in this Court, being Civil Revision No. 2800 of 1994, in which the Rule issued was ultimately made absolute in part directing the trial Court for giving the plaintiff a chance to amend the plaint in ..

Category: Employment/Service Law | Date: | Hits: 69

Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)

....l Haque, Advocate—For the Petitioner. Feroz Shah, Assistant Attorney-General—For the Opposite Parties. Revision No. 4415 of 2000. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the defendant-respondent-petitioner, is directed against the judgment and d......t No. 82 of 1994 which has resulted in an error in the decision occasioning failure of justice and, as such, the same cannot be sustained in the eye of law. 15. In the result, the Rule is made absolute without any order as to costs. 16. The impugned judgment and decree dated 27-6-2000 ..

Category: Property Law | Date: | Hits: 32

Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)

....date when the goods have been delivered, or discharged from the ship the learned trial Court failed to appreciate and consider in not holding that the suit was hopelessly barred by limi­tation under Rule 6 of Article 3 of the Schedule of the Carriage of Goods by Sea (Act XXVI of 1925) and, as such,......ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ..

Category: Civil Law | Date: | Hits: 87

Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... MH Haider J Farah Mahbub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged without any order as to costs. Cases Referred to- Bangladesh represented by......ngladesh represented by the Secretary, Ministry of Finance reported in 14 BLT 276 the learned Advocate further contends that in the said case one of the benches of this Division while making the Rule absolute observed, "Vide Anne­xure A to the Writ Petition a Special Committee was constituted by th..

Category: Civil Law | Date: | Hits: 133

Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)

....ah, Advocates— For the Petitioner. Not represented- the Opposite Parties. Civil Revision No. 4329 of 2005. Judgment Md. Abdur Rashid J.- Election petitioner obtained the Rule upon making a revision application under sub-section (4) of section 115 of the Code of Civil Pr......he view that this Division has got no jurisdiction to revise an interlocutory order of an Election Tribunal. In many other cases, I find appropriate order was passed by this Division either in making absolute or discharg­ing the Rule issued upon a revision application made under old section 115 of ..

Category: Election Law | Date: | Hits: 99

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....- This petition for leave to appeal is directed against the judgment and order dated 20th April, 2009 of a Division Bench of the High Court Division in Writ Petition No. 10926 of 2006 discharging the Rule as not maintainable. 2. Short facts stated in the Writ Petition are that the respondent No. ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..

Category: Civil Law | Date: | Hits: 78

Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)

....d. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 4.12.2007 of the High Court Division passed in Writ Petition Nos. 3112 of 2000 discharging the Rule obtained challenging the assessments of the imported used/reconditioned vehicles on the basis o...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ..

Category: Fiscal/Taxation Law | Date: | Hits: 64