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General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

.... possession on suit property. 19. Learned Subordinate Judge, also, held that Plaintiff failed to produce relevant papers and documents in support of right of D.I.T. to acquire any property without prior permission of Government of Bangladesh and, also, right to lease out property in favour of any......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......am Hossain Rezwani. (b) Property standing in the name of Golam Hossain Rezwani mainly comprised of a Glass Factory and building and it was treated as an abandoned property and it was taken over by Ministry of Industries as an abandoned Industry. Ministry of Industry, thereafter, transferred the p..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....;       August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registration and act or acts so done upon ratification by the company subsequent to its in......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

....ibits. Mr. Fazlul Karim, the learned Advocate appearing for the appellant, submits that the suit is not maintainable in absence of a proper notice under section 111(g) of the Transfer of Property Act prior to the notice under section 106 of the said Act. He also submits that the trial Court acted il....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..

Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171

Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others

....aining, a holding in custody of a tardy pupil after school hours, a holding back of a motorist by a traffic officer, the state of being detained in jail, enforced delay, a period of temporary custody prior to disposition by a Court. 23. The law authorising detention of a citizen is by any stand......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ......Additional District Magistrates made their orders effective from the date of service because they were constrained to do so in the face of a circular dated 17‑2‑1992 issued by the then Secretary, Ministry of Home Affairs accompanied by a proforma and that the District Magistrates/Additional Dist..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)

....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ......e demand notice and suspension of the bond licence opened several letters of credit for import of Polyester Textured Yarn. On arrival of the imported goods steps were taken by the writ petitioner for clearance thereof, but the Customs authority did not release the goods and at one time informed the ......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ..

Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....daughters of Dr. Mahmood Hasan, a former Vice‑Chancellor of Dhaka University and Foreign Secretary of Government of Pakistan. Dr. Mahmood, the admitted owner, died in Pakistan on 25‑11‑1970 and prior to that on 23‑10‑1970 he lifted the property in favour of the respondent No.1 and the moth......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......Bangladesh Vs. Abdul Hoque 1982 BLD (AD) 143; Government of Bangladesh Vs. ATJ Industries 28 DLR (AD) 120; Farida Aziz Vs. Government of Bangladesh 45 DLR 12; Bangladesh represented by the Secretary, Ministry of Works and others Vs. Helaluddin Ahmed 4 MLR (AD) 140; lqbal Ahmed Qurishi vs. Bangladesh..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ...... of police on 19.6.2001 to help them to carry out the direction of evicting the unauthorised occupants or to de­molish unauthorised structures raised on those plots. It is further stated that the Ministry of Home Affairs by their letter dated 19.6.2001 also asked the Police Commissioner, Dhaka, ..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)

....hoes of the pre-emptor, both the provisions of Sections 96(4) & 6(b) of the Act are applicable to him and an order passed upon him to deposit the consideration money together with compensation prior to determination of important issues, would not be an illegality.  Case Referred ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ..

Category: Property Law | Date: 5 May, 2003 | Hits: 141

Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)

....l contract on the said terms after satisfactory completion of 5 years service, that policy change cannot and should not affect the terms and the conditions of the Stewardesses who have been appointed prior to the policy change, that resolution of 174th Board meeting is applicable to the petitioners ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ..

Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164

Suo Moto Order No. 248 of 2003, 32 CLC (HCD)

....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. .......2003 attended, amongst others, by the Attorney General himself. 5. Referring to various minutes of the committee the learned Attorney General submits that already different Ministries including Ministry of Social Welfare, Ministry of Home and Ministry of Law, Justice and Parliamentary affairs ..

Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148

Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)

....e witness, who has been declared hostile, would ipso facto not be of any worth for the prosecution, rather if on consideration of the evidence of such kind of witness it is found that the fact stated prior to declaring the witness hostile and in the course of cross‑examination by the prosecuti......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed.  Accordingly, the petition is dismissed. Ed. ......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed.  Accordingly, the petition is dismissed. Ed. ..

Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121

Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD

....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ...... Appellate Division (Civil)  Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J  Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Work and others .............................Petitioners Vs. ..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

....   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ......   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ...... The Appellate tribunal as well found that: “It appears from the summary placed before the Hon’ble President of the People's Republic of Bangladesh by the Secretary Ministry, of Finance on 17‑11‑1986 Annexure ­D that Investment Advisory Centre of Ba..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ......ums earned by the company utilising the vessels Shah Badar‑I and Shah Badar‑II owned by the Company.  vii. Petitioner No. 4 wrote letters, inter alia, to the Secretary, Ministry of Commerce complaining of the above issues on 7 February 1991 and also the respondent No..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

.... or to run any University without any "Sanad" from the Government and thus the North Point University itself is liable for any injury sustained or loss incurred by it on its way to run the University prior to receiving any permission or "Sanad" from the Government". 4. Mr. Fariduddin Ahmed, the ......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ...... also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)

....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......san J Mohammad Fazlul Haque J Md. Ashequr Rahman…………….....................................Appellant Vs. Bangladesh Agricultural Research Institute, represented by the Chairman, Ministry of Agriculture and others…….........................................Respondents Jud..

Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92

Anowar Steel Mills Ltd. Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others, 2003, 32 CLC (AD)

....notice asked the petitioner to show cause why value added tax at Tk. 8,21,250 should not be imposed on 150 tons of CI sheets and the petitioner showed cause stating that those goods were manufactured prior to Value Added Tax Act, 1991 came into force. Respondent No. 4, however, by the impugned order......s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J Anowar Steel Mills Ltd...........Petitioner Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others ….... Resp..

Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114

Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD

....peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ......nd AT did not find any wrong with the findings arrived at by the Inquiry Officer as against the respondent in holding him guilty of misconduct in making the purchase of Lithu papers without obtaining clearance from the Stationery section and for not bringing to the notice of the authority relevant r...... Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants   Vs.   ..

Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122

Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).

.... “We may state straightway that where a Court is called upon to exercise its judicial discretion it will not be discharging its functions properly if it were to proceed upon any a prior assumption that in all cases where an offence of punishment with death or transportation for......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ..

Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......m Card, from Singapore and collect subscriptions from the cable operators through the agency of the plaintiff; plaintiff invested huge fund in establishing its office, etc and also obtained necessary clearance from the Bangladesh Bank for remittance of the subscription. But on 31‑7‑2002 ......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103