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Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....Procedure, 1898 (V of 1898), Section 179(c) The allegation of obtaining signatures of the complainant in blank papers at Jeddah and in pursuance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizance of the offence&......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ...... Mahbubey Alam, Advocate, instructed by Chowdhury Md Zahangir, Advocate-on-Record — For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 27 of 1998. Judgment &nbs......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ..Category: Criminal Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....eferred to it against the appellant. 2. Material facts of the case are that, the appellant is a private limited company registered under the Companies Act, 1913 and established by the Bangladesh Petroleum Corporation, briefly BPC, a statutory Corporation established under the Bangl...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......with The Income Tax Ordinance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by ove...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)
....;Plaintiff-Petitioner Vs. Md. Yunus and others ……………….Respondents Judgment November 16, 1997. The Constitution of Bangladesh, 1972, Article 103 The appeal was heard ahead of the date appearing on the notic......his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ......ip;….Respondents Judgment November 16, 1997. The Constitution of Bangladesh, 1972, Article 103 The appeal was heard ahead of the date appearing on the notice for hearing, at detriment of the petitioner. It is a fit case in which the petitioner should move ......his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ..Category: Procedural Law | Date: | Hits: 94
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others………&hel......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ...... Judgment February 2, 1998. The Constitution of Bangladesh, 1972, Article 102 (i) Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected person can be decided by the Administrative Tribu......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....ellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Railway and ors. ……………………&hellip......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......f 1985 allowing the appeal, reversing those of the Subordinate Judge, Narsingdi passed in Title Suit No. 85 of 1985, and decreeing the suit. 2. The plaintiff-respondents brought the aforesaid suit for specific performance of contract for transfer of the suit land on the averments, ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....………………………………………………… Petitioner Vs. Government of Bangladesh and others………………………&helli......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complyi......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..Category: Property Law | Date: | Hits: 90
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
.... Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Frank Shipping Limited ………………..Petitioner Vs. Government of the People’s Republic of Bangladesh and others……………Respondents Judgment August 26, 1997. The Constitut......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......ur. The operation relating to discharge of bulk wheat from free outturn vessels berthed in Chittagong Silo Jetty under vacuvators is a matter relating to public interest and it cannot be stopped even for a moment unless the public interest is shown to be subjugated to the private interest of the wri......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..Category: Others | Date: | Hits: 113
....iff respondent No. 1 company in its meeting held on 30-9-90, among others, resolved to authorise the company to open two separate accounts,—A/C. Daily Ittefaq and A/C Purbani (weekly) with the Arab Bangladesh Bank Ltd. (defendant respondent No 5) and further to authorise Executive Director- 1 (pla......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......missed.
The Companies Act, 1994 (VIII of 1994), section 83 (3)
(i) It does not appear from the impugned judgment that the minutes of the meeting was either prepared or produced at any stage before the Court. Rather, the High Court Division observed that the defendants did not produce a scrap......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... Giasuddin Chowdhury and another……………………...Respondents Judgment August 19, 1997. The Constitution of Bangladesh, 1972, Article 102 (4) (i) Broadly speaking, to obtain an interim order, a writ ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......ed within a time-frame or which is primarily financed externally on pain of lapse of financial support if not completed within a certain period and so on. Salus populi est suprema lex—Regard for the public welfare is the highest law—and in each case the High Court Division will consi......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....al) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Sadaruddin Ahmed Chisty…………….Petitioner Vs. Bangladesh and others…………...Respondent Judgment March 24, 1997. The Code of Cr......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......ch of the High Court Division has applied its mind in terms of section 99D of the Code of Criminal Procedure by going through the offending books there is no relevance of the question that grounds of forfeiture of the books are not covered by the requirements of section 99A of the said Code………......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ..Category: Others | Date: | Hits: 122
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....r Rahman J Md Abdur Rouf J BB Roy Choudhury J Vice Chairman, Export-Promotion Bureau………………….Petitioner Government of Bangladesh……………………………&h......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......hidullah, Advocate-on-Record-— For Respondent Nos. 1 & 2 (In both the Petitions) Not represented — Respondent Nos. 3-6 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 606 and 614 of 1997. (From the judgment and order dated 24 Februar......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....stion of sentence only are that PW 1 Md. Jakaria, Customs Intelligence Officer, got secret information on 16-7-90 that two foreigners would be coming to Dhaka from Singapore by Flight No.BGO81 of Bangladesh Biman with a huge quantity of gold. Accordingly, PW 1 along with another Customs intelli......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ...... Judgment February 17, 1997. The Special Powers Act, 1974, sections 24B & 25D (i) We have heard with some compassion mixed with pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreig......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
.... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Governme......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......fa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People’s Republic of Bangladesh and others……………. Respondents. ......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....cyclone was not the proximate or immediate cause of this fault. Rule 29.4 of Rules and Rates for the supply of electricity as approved by the Ministry of Energy and Mineral Resources, Government of Bangladesh reads as follows: 29.4 underground service lateral “29-4-1 ......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......AR Yusuf, Senior Advocate, instructed by Sharifuddin Chaklader — For the Respondents (In both the appeals and petitions.) Civil Appeal No. 76 of 1997 With Civil Petition for Leave to Appeal No. 236 of 1997. Judgment &nbs......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works…………&...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... Judgment July 13, 1997. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 2(b) The court of settlement is not a court for determining the title of the rival claimants, it is for determination whether the case property...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... the name of their uncle Haji Abdullah who on several occasions promised to rectify the record but unfortunately, he could not do so as he was killed by the miscreants during the war of liberation of Bangladesh in 1971. Defendant No. 1 upon taking advantage of such wrong recording in the SA Khatian ...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... and others………………….Respondent Judgment July 31, 1997. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff not asking for further relief of joint possession or partition as co-sharer of the defendant (as claimed by the...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
.... Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others......................vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......vorces (Registration) Rules, 1975, Rule 10 (2) Appointment of a new Nikah registrar on curtailment of one union from the jurisdiction of the petitioner does not amount to revocation of his licence for that union but is manifestly an order of curtailment of the Nikah Registration area for the bene......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ..Category: Employment/Service Law | Date: | Hits: 137
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
.... of the High Court Division in Writ Petition No. 5101 of 1996 discharging the Rule Nisi and thereby affirming the impugned notification No. Spe: Aa: B I:(Ain)-32/96/205 dated 4-11-96 published in the Bangladesh Gazette on 21-11-96, appointing and recognising respondent No.1 Kyaw Sam Prue Chowdhury a......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......rma and did not enter into the area now known as Chittagong Hill Tracts. The fifth Governor Bohmongree Kong Hia Prue was the Chief of the Bohmong Circle of Chittagong Hill Tracts from 1727-1811. Henceforth all the Chiefs of Bohmong Circle had been living in the Hill Tracts and thereafter there were ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....70. ......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ...... valid documents of title and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, canno......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....R (AD) (1998) 65. ...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......€¦â€¦.. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and misconduct calls for compulsory retirement or removal, dismissal from service und...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
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