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

....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. ......cts. The respondents are different state functionaries. 2. The petitioner claims to have commenced its commercial production. Its projected annual output was put at 30,000 metric tons. It requires for its production raw materials from abroad. It says it will be obliged, each time it imports its r......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. ......IT vs. Manindra & Manindra AIR 1984 (SC) 1182; Congreve vs Home Office (1976) QB 629; Padfield vs Minister of Agriculture (1968) AC 997; Ram Krisna Dalmia vs. Justice Tandulker, AIR 1958 (SC) 538. Lawyers Involved Salauddin Ahmed, with Md. Ramzan Ali Sikder and Faustina Pereira, Advocates—Fo..

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

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

....tive 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. ......he proceedings of Chittagong Kotwali PS Case No. 49(11) 2001 dated 21‑11‑2001 now pending in the Court of the Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. Facts relevant for disposal of the above Rule, in brief, are that Mr. Mohammad Ali, Managing Director, M/S KIY Stee......tive 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. ......ed by the Deputy Commissioner………………Opposite Parties Judgment August 7, 2002. Case Referred To- Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990 BLD (AD) 168. Lawyers Involved: Abdul Matin Khasru with M Faruque and Pankaj Kumar Kundu, Advocates‑For the P..

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)

....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.......of the Supreme Court of Bangladesh. He was appointed as Special Prosecutor in pursuance of the order dated 8-5-97 passed by the Appellate Division of the Supreme Court of Bangladesh in Civil Petition for Leave to Appeal No.350 of 1997. In compliance of the said order the petitioner along with anothe......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.......ivision (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Borhan Uddin (Md), Advocate………………………..Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents Judgment June 29, 1999...

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

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

....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ...... may seem fit and proper. 2. The case of the petitioners, inter alia, is that the then Government of erstwhile East Pakistan developed the vast Mirpur area into residential plots and nucleus house for a residential estate in 1960s and utilised the vast vacant land at sections 1, 2, 6, 7, 10, 11 a......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......i Development Authority and others, (1995) 5; Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 53 DLR (AD) 79; Dr Mohiuddin Farooque Vs. Bangladesh and others, 48 DLR 438. Lawyers Involved: MI Farooqui with Md. Ruhul Quddus, Md. Abdul Mannan Khan, Advocates‑For the P..

Category: Environmental Law | Date: | Hits: 259

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

.... 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....... and File No.4th/A(12)2/VAT/Budget/98/3404-7 dated 18-6-98 (Annexure-’F’ series) shall not be declared to have been made without any lawful authority or of no legal effect. 2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that impositio...... 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.......……………Respondents Judgment June 7, 1999. Cases Referred To- Cape Brandy Syndicate Vs. Inland Revenue Commissioner (1921)11 KB 64; Russell Vs. Scott (1948) AC 422 (6 & 7). Lawyers Involved: Rokonuddin Mahmud with Mobina Asif Rahman, Advocates—For the Petitioner. Q..

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

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

.... 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. ......at the instance of the plaintiff under section 115 of the Code of Civil Procedure is directed against an order passed by District Judge, Magura in Title Appeal No.52 of 1996 rejecting the application for withdrawal of the case. 2. The short facts relevant are that, the petitioner being plaintiff ...... 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. ......s. Abdus Samad Biswas…………………Opposite Party Judgment May 11, 1999. Case Referred To- Md. Badaruddin Moral and others Vs. Santosh Kumar Sen and others, 41 DLR (AD) 156. Lawyers Involved: Nitai Roy Chowdhury, Advocate—For the Petitioner. Moazzem Hossain, Advoca..

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)

....f Public Works and Urban Development for information at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67....... they are paying rent to the government. While they were living peacefully in the case land a notice was served upon their predecessor on 22-12-82 who after receipt of the notice filed an objection before the respondent No.3. Respondent No.3 by its letter dated 3-1-83 rejected the objection filed by......f Public Works and Urban Development for information at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67....... Jamal Hossain (Md.) and others…………………Petitioners Vs. Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others……Respondents Judgment May 20, 1999. Lawyers Involved: M Quamrul Hassan, Advocate—For the Petitioners. Not represented—the Resp..

Category: Property Law | Date: | Hits: 28

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

....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......n-Record-For the Petitioner. Rafique-Ul-Huq, Senior Advocate, instructed by Md. Ibrahim Khalil, Advo­cate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-8. Civil Petition for Leave to Appeal No. 2408 of 2009. Judgment Shah Abu Nayeem Mominur Rahman J.- Instant app......sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......Bangladesh, Bangladesh Secretariat, Ramna, Dhaka…………….Petitioner Vs. Md. Moazzem Hossain Bhuiyan and Others……………………The Respondents Judgment December 17, 2009. Lawyers Involved: MK Rahman, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advoca..

Category: Civil Law | Date: | Hits: 81

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

.... expediti­ously. Communicate a copy of the judgment imme­diately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......64 Cal 265, 272; Shearer vs. Shield 1914AC 808; Dr. Nurul Islam vs. Bangladesh 1981 BLD (AD) 140 = 33 DLR (AD) 201; Mansurul Aziz and another vs. Secretary, Ministry of Land Administration and Land Reforms and others 1981 BLD (AD) 75; Khondker Moshtaque Ahmed vs. Bangladesh 1982 BLD (AD) 39 =34 DLR ...... expediti­ously. Communicate a copy of the judgment imme­diately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......thers 6 BLC 681; Rabia Bashri Irene and another vs. Bangladesh Biman Corporation & another 52 DLR 308; Council of Civil Service Union and others vs. Minister for the Civil Service 1985 AC 374. Lawyers involved: Sara Hossain, Advocate—For the Petitioners. Fida M Kamal, Additional Attor..

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

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

....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......he respondents to show cause as to why they should not be directed to refrain from transacting any business on the provisional list Annexure D, pending disposal of the applications of the petitioners for rehabilitation plots of Mouza Bailjuree corresponding to Sector 11 of the Uttara Residential Mod......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......…..Petitioners Vs. Bangladesh and others…………Respondents Judgment February 6, 2006. Case Referred To- Hasina Begum and others vs. Chairman RAJUK & others 57 DLR 237. Lawyers involved: Khan Saifur Rahman with MM Zulfikhar Ali Hyder and Md. Shakir Hossain, Advocate..

Category: Property Law | Date: | Hits: 34

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

....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......um 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 from his (her) land by anybody for more than twenty years as an easement, nob......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ...... more than twenty years as an easement, nobody or authority is entitled to close such pathway. If such pathway is closed, the plaintiff will be entitled to get such obstructions removed.   Lawyers involved: Md. Haroon Ar Rashid, Advocates—For the Petitioners. Not represented— th..

Category: Property Law | Date: | Hits: 30

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

....ly 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) 173. ......ers……………………………….Petitioners Vs. First Court of Settlement and others……………..Respondents Judgment August 17, 2006. Lawyers involved: MA Quddus Sheikh for Md. Fazlul Karim—For the Petitioners. Md. Shamsul Haque, Assistant Attorney-General with Ms......ly 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) 173. ......Hosain Ahmed J Tahera Begum and others……………………………….Petitioners Vs. First Court of Settlement and others……………..Respondents Judgment August 17, 2006. Lawyers involved: MA Quddus Sheikh for Md. Fazlul Karim—For the Petitioners. Md. Shamsul Haq..

Category: Property Law | Date: | Hits: 29

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

.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......f, are that the opposite party No. 1 as a plaintiff filed Other Class Suit No. 196 of 1992 in the Court of the Senior Assistant Judge, Mymensingh Sadar in which the petitioner was the defendant No. 3 for declaration that the order of dismissal of the plaintiff-opposite party No.1 from the service vi...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......d. vs. Md. Nazrul Islam Patwary 1995 BLD (AD) 169 = 48 DLR (AD) 62; Indo-Pakistan Corporation Ltd. vs. Chairman 21 DLR 285 Eastern Mercantile Bank Ltd. vs. Mohammad Shamsuddin 21 DLR (SC) 365. Lawyers involved: AQM Safiullah, with Md Ali Jinnah, Advocates—For the Petitioner. H..

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)

....-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ...... Class Suit No. 82 of 1994 dismissing the suit. 2. The plaintiff-appellant-opposite party No. 1 (Government) initiated Other Class Suit No. 82 of 1994 in the Court of Assistant Judge, Gouripur for cancellation of the order pronounced ex parte on 23-6-72 in Miscellaneous Case No. 221 of 1969 b......-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ...... of Bangladesh and Others……………Opposite-Parties Judgment January 10, 2005. Case Referred To- Government of Bangladesh vs. Ramananda Sarker, 54 DLR (AD) 35. Lawyers involved: Abdul Haque, Advocate—For the Petitioner. Feroz Shah, Assistant At..

Category: Property Law | Date: | Hits: 32

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

....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. ......nd decree dated 18-54986 and 22-5-1986 respectively, passed in Money Suit No. 65 of 1985 by the Commercial Court (Subordinate Judge, 2nd Court) Chittagong. 2. The plaintiff instituted the suit for recovery of money on account of damage of imported cotton. 3. The plaintiffs case, in sho......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. ......9, 2006. Cases Referred To- Gladstone Wyllie & Company Ltd. vs. Shahidi Trading Corporation 10 DLR 307; Karachi Steam Navigation Co tad vs. Ebrahim Gani PLD 1957 Karachi 315. Lawyers involved: M Hafizullah, Advocate—For the Appellant. Md. Bodruddoza, Advocate..

Category: Civil Law | Date: | Hits: 87

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

....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......respondent No. 2, Banking Division (Annexure E) and/or such other or further order or orders passed as to this court may seem fit and proper. 2. To appreciate the points that have been canvassed before us, it will be convenient to narrate briefly, the material fact in chronological order. 3. T......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......of 1991; State of West Bengal vs. Anwar Ali, AIR 1952 (SC) 75; Shafiq Ahmed vs. Registrar, Trade Marks, 47 DLR 309; Professor Abdur Rahim Khan and others vs. Bangladesh and others, 7 BLT (AD) 313. Lawyers involved: Hosne Ara Begum, Advocate—For the Petitioner. Md. Shamsrr Rahman, Advocate..

Category: Civil Law | Date: | Hits: 133

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

.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ...... Procedure against the judgment and order dated 16-10-05 passed by the Additional District Judge at Sherpur in Civil Revision No. 16 of 2005, which reversed the order of the Election Tribunal calling for election materials for recounting of the votes. 2. Short facts for disposal of the Rule a...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......ed vs. Nasir Mian and others, 46 DLR (AD) 181; Md. Ziauddin Biswas vs. District Judge, Chuadanga and others, 37 DLR 235; Md. A Ghafur Mondal vs. Md. A Samad Talukder and another, 1993 BLD 485. Lawyers involved: Idrisur Rahman with Md Shahidullah, Advocates— For the Petitioner. ..

Category: Election Law | Date: | Hits: 99

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

.... 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. ......and others ..............Respondents Judgment June 24, 2009. Lawyers Involved: Sufia Khatun, Advocate-on-Record- For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 312 of 2008. (From the judgment and order dated 4.12. 2007 passed by the ...... 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. ......in J Md. Abdul Aziz J Md. Monzurul Islam.....................................Petitioner Vs. National Board of Revenue and others ..............Respondents Judgment June 24, 2009. Lawyers Involved: Sufia Khatun, Advocate-on-Record- For the Petitioner. Not represented-The R..

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

Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)

....vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......n-Record-For the Petitioners. Not Represented-the Respondents. Civil Review Petition No. 82 of 2009. (From the Judgment and order dated 29.04.2009 passed by this Division in Civil Petition for Leave to Appeal No. 524 of 2009). Judgment ABM Khairul Haque J.- This is a petition for r......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......n J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………………………....Respondents Judgm..

Category: Civil Law | Date: | Hits: 85

MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131....... Salma Masud Chdwdhury J Syed Refaat Ahmed J MGH Infocomm Ltd......................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Information....Respondent Judgment December 14, 2006. Cases Referred To- R......e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131.........Respondent Judgment December 14, 2006. Cases Referred To- R Tower Hamlets London BC ex p Kayene Lavenson [1975] QB 431, R v London CC ex p Corrie, [1918] 1 KB 68. Lawyers involved: Ms Sarwat Siraj, Advocate—For the Petitioner. Shamsul Hoque, Assis..

Category: Information Technology Law | Date: | Hits: 171