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Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)

.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 112

Abu Taleb Vs. State, 2007, 36 CLC (AD)

.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 47

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

....l Amin J Md Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Minis­try of Finance, Internal Resources Division (Cus......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. ......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. ......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)

....ce three days later than respondent No. 4 and he was made permanent in service six months after the respondent No. 4. The learned Advocate for the petitioner submits that as per Regulation 10(2) of Bangladesh avvontorin nou poribohon kortipokho er karmochari chakuri Probidhan mala, the seniority ......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. ......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. ......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)

....horising the Government to release any land   once it vested   in  the Government   by acquisition according to law. 4. The respondent No. 1, Government of Bangladesh represented by the Secretary, Ministry of Land and respondent No. 5, Sub-Divisional Eng......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. ......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. ......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

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

....e with the same. The petition is dismissed. Ed. ...... 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. ...... 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. ......g, inter alia, that he is a shareholder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23-3-2002; as per provision of law and its Articles of Association the company convened its 20th Annual General Meeting on 28-4-2003 by a notice dated 7-4..

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

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

....n whose name was later disclosed as Mamun and that some leaflets were also found from his possession wherein it was written “Manob rachito ain manina, Quraner ain chalu karo’-Jamiyutul mujahedin, Bangladesh. 71. P.W 2 Anisur Rahman in his evidence deposed that he attended a meeting held in a......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. ......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. ......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

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....2004 Case Referred To- Girijanandini Devi and others vs Bijendra Narain Choudhury AIR 1967 SC 1124; Nawab All Dhakua vs Abdur Rahman and others 1994 BLD (AD)229; Munshi Mahmud AH and another vs Bangladesh and others 1986 BLD (AD) 56; Watt vs Thomas (1947) 1 All ER 582. Lawyers Involved: ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 109

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

....d. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......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. ......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. ......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)

.........Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the s......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. ......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. ......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)

....preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J National Board of Reve­nue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Compa­ny (Bangladesh)......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. ......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. ......e of non-mechanically manu­factured shoes and other accessories related to the use of shoes and that the company had trade licence for each business and was authorised to do so under its Articles of Association; that the questioned articles were manufactured non-mechanically without the aid of stea..

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

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....e Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others……………………………..........Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..

Category: Criminal Law | Date: | Hits: 117

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

....LR (AD) (1990) 184. ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..

Category: Property Law | Date: | Hits: 40

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dha­ka, Bangladesh and others, 1989, 18 CLC (AD)

.... MH Rah­man J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dha­ka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: ......as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......l Manager, Sonali Bank, Head Office, Dha­ka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to re......as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..

Category: Employment/Service Law | Date: | Hits: 98

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

....peal is dismissed. The Customs Act (IV of 1969) Sections 19, 30 & 194 The Sales Tax Ordinance (XVIII of 1982) Section 4(1) The Evidence Act (I of 1872) Section 115 The Constitution of Bangladesh, 1972, Article 102 Promissory Estoppel Notification dated 3.10.84 under section 19 ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..

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

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

....ovember 8, 1989. Result: The appeals are dis­missed. The Income Tax Act (XI of 1922) Sections 2(15), 4(1) & 60 The President's Order No. 21 of 1973, Article 10 The Constitution of Bangladesh, 1972, Article 147 Whether a notification under section 60 of the Income Tax Act, 1922......ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......nditions as the President may deter­mine". In exercise of such power Rules were prom­ulgated vide Notification No. 154-S.R.O. dated 28.2.72. The Bangladesh High Court Judge (Terms and Conditions of Service) Rules, 1972. Paragraph 9 of the Rules reads: "The Chief Justice and the Judges shal......ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..

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

Zaker Hossain Vs. Abdur Rahim and Oth­ers, 1989, 18 CLC (AD)

............Appellant Vs. Abdur Rahim and Oth­ers.....……………………………...Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or acce...... available by way of election petition before the Tribunal. In the circum­stances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... available by way of election petition before the Tribunal. In the circum­stances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... available by way of election petition before the Tribunal. In the circum­stances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..

Category: Election Law | Date: | Hits: 152

Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

..... ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......guided by recruitment rules approved by Chief Martial Law Administrator through memo dated 16.10.1986 which is materially identical with the provision of Non-Gazetted Employees (Dept. to livestock Service) Recruitment Rules, 1985 and that in the proj­ect proforma of the project in question i......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 56

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

....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. ......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. ......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. ......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)

....il) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Sarwar..............................Petitioner Vs. Bangladesh repre­sented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Ra...... 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. ...... 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. ...... 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