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Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......t the judgment and order dated 15.03.2005 passed by the High Court Division in Writ Petition No.6818 of 2004 making the Rule absolute. 2. Respondent Nos.1 and 2 filed Writ Petition No.6818 of 2004 for a direction upon the writ respondents i.e. the present petitioners to grant license in favour of......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......J Md. Abdul Matin J Department of Narcotics Control Dhaka and another ...........Appellants Vs. Crown Beverage Ltd. and another ...........Respondent Judgment December 2, 2008. Lawyers Involved: Monsur Habib, Additional Attorney General instructed by A. S. M. Khalequzzaman,..

Category: Others | Date: | Hits: 144

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......m, Advocate-on-Record-For Respondent No.1 (In Civil Appeal No.290 of 2007). Not represented-Respondent Nos. 2-6 (In Civil Appeal No. 290 of 2007). Civil Appeal No.175 of 2007 and Civil Petition for Leave to Appeal No. 290 of 2007. (From the judgment and order dated 22.08.2006 passed by a Di......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......afa Kamal and others.....Respondents (In both cases) Judgment April 27, 2009. Case Referred To- Food Corporation of India Vs. M/s. Kamdhenu Cattle Feed Industries, AIR 1993 S.C. 1601. Lawyers Involved: A. K. M. Nazrul Islam, Senior Advocate instructed by A. K. M. Shahidul Huq, Ad..

Category: Limitation Law | Date: | Hits: 154

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......s appointed on 16.08.1964 as an Work Charge staff, on 18.05.1986 he was made permanent staff and was continuing as such but he was retired from service on and from 04.06.1994 after completing service for 31 years illegally and arbitrarily without giv­ing benefit of pension and gratuity etc. and it ......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......ndents Judgment October 28, 2009. Cases Referred To- Director of Ports Vs. 2nd Labour Court, Dhaka; Chairman, DIT and another Vs. Chairman, 2nd Labour Court and another this Division. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellants. Respondents-Ex-parte. ..

Category: Labour and Industrial Law | Date: | Hits: 110

Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)

....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......nate Judge, 1st Court, Sylhet in Title Suit No.31 of 1986 dismiss­ing the suit. 2. Respondent Nos.1 to 14 instituted Title Suit No.31 of 1986 in the Court of the learned Subordinate Judge, Sylhet for dec­laration of their title to the land described in 2nd schedule which is part of 1st sched­u......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ...... Md. Tafazzul Islam J Md. Abdul Matin J Md. Basarat Ali……………………........Appellant Vs. Md. Abdul Mannan and others……........Respondents Judgment July 9, 2008. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (M. A. Azim, Advocate with him) ins..

Category: Property Law | Date: | Hits: 33

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ...... Civil Appeal No. 188 of 2003. (From the judgment and order dated 22.05.2002 passed by the High Court Division in Writ Petition No.265 of 1997.) Judgment Md. Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 22.05.2002 passed by the High C......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ...... Ameen J Md. Abdul Matin J Mohammad Shahid Ullah ............Appellant Vs. Chairman, First Court of Settlement, Dhaka and others ........Respondents Judgment February 27, 2008. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-..

Category: Property Law | Date: | Hits: 37

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

....owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......f 1985 decreeing the suit. 2. The facts, in short, are that the respon­dents as plaintiffs filed Title Suit No.892 of 1985 in the Court of learned Assistant Judge, Second Court, Dhaka praying for a decree of declaration of title and for fur­ther declaration that the Heba-bil-Ewaz deed No.37......owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ...... Abdul Aziz J Shamsun Nahar .....................................Appellant Vs. Khairunnessa Sadiq and others...............Respondents Judgment May 6, 2009. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-o..

Category: Property Law | Date: | Hits: 33

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......e house to the respondent in presence of witnesses. Since then the respondent with her husband was living therein as the rightful owner. After her marriage the respondent's father, Manzur Ahmed, left for Pakistan to visit his rela­tives and died there. During the distur­bance in 1975 the responden......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......ue J Golam Rab Chowdhury…………………………….....Appellant Vs Mrs. Sajeda Begum and others.................Respondents Judgment October 8, 2009. Lawyers Involved: Amirul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 31

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......ুসক/বাস্তঃ সেবা ও আধঃ/৯৭/৪৪২ (১-১৭) dated 11.5.2002 of the National Board of Revenue (NBR) com­municating the decision to the relevant authorities for realization of VAT treating the Pre-shipment Inspection Agencies (PSI) as (জরিপ সং......und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ...... (FB); Mrs. Momtaz Begum Vs. Taxim Officer PLD 1969, Dhaka, 803; A. V. Fernandez Vs. State of Kerala, AIR 1957 SC, 657;Haji Ghulam Zamin and Abul Hossain Vs. A. B. Khondkar and others 16 DLR, 486. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neagi, Advocate with him) instructed by..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Anti-Corruption Commis­sion Vs. Sigma Huda and another, 2008, 37 CLC (AD)

....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......tion 10 The Emergency Power Rules, 2007, Rule 11(2) The appellate Division will not interfere with the decision of the High Court Division if the later has followed the observations made by the former in another Case of the similar subject matter. Bail may be granted when the accused has se......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......l Matin J Anti-Corruption Commis­sion ..................Petitioner Vs. Sigma Huda and another........................Respondents Judgment June 19, 2008. The Criminal Law Amendment Act, 1958 (XL of 1958) Section 10 The Emergency Power Rules, 2007, Rule 11(2) Th..

Category: Anti-Corruption Laws | Date: | Hits: 143

Anti-Corruption Commis­sion Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)

.... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Rafique-ul-Huq, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate-on-Record—For the Respon­dents. Civil Petition for Leave to Appeal No.411 of 2009. (From the judgment and order dated 12-11-2008 passed by the H...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......10. The Constitution of Bangladesh, 1972 Article 102(2)(a)(ii) The Penal Code, 1860 (XLV of 1860) Section 409 The Prevention of Corruption Act, 1947 (II of 1947) Section 5(2) The Criminal Law Amendment Act, 1958 (XL of 1958) Section 4 A fugitive from justice cannot obtain justice with..

Category: Anti-Corruption Laws | Date: | Hits: 186

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......obtain­ing Master Decree was appointed as Lecturer of Dhaka City College in the Department of Islamic History. Subsequently, in response to an advertise­ment made by the Dhaka University he applied for the post of Lecturer in the Department of Islamic History and Culture; out of 10 applicants the ...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......rior committee legally constituted when such appointment is terminated with stigma attached. Case Referred to- Controller of Examinations, University of Dhaka vs. Mahinuddin 44 DLR (AD) 305. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Re..

Category: Employment/Service Law | Date: | Hits: 68

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......l value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of law and tried to extract money from the respondents by fixing "indicative value", is a foreign and unknown ter­minology. The Customs Act (IV of 1969), Sections 25(1)(7), 30 & 79 ......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......sessment of customs duties without complying with the requirements of law, in this case, section 25 (1) of the Customs Act. Case Referred To- Mizanur Rahman's case, 52 DLR (AD) 149. Lawyers Involved: Mahbubey Alam, Attorney-General, Naima Haider, Deputy Attorney-General and ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......q Siddiqi, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 1 (In both the cases) Not represented-Respondent No. 2 (In both the cases) Civil Petition for Leave to Appeal Nos. 111 and 112 of 2008. (From the judgment and order dated 18.02.2008 passe......trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......nt of Bangladesh, Writ Petition No. 11739 of 2006; Bangladesh Vs. Md. Idrisur Rahman and others, BLT (AD) 231 volume-XVII; S.P. Gupta and others Vs. President of India and others, AIR 1982 SC 149. Lawyers Involved: M. K. Rahman Additional Attorney General instructed by A.S.M.Khalequzzaman, Adv..

Category: Constitutional Law | Date: | Hits: 207

Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......ord- For the Petitioner. Munsur Habib, Advocate, instructed by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By ....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26....... Md. Chan Miah......................Petitioner. Vs. Md. Dabirul Islam Khan @ Muku Miah & Others....................Respondents. Judgment: March 12, 2009. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by M. Khaled Ahmed, Advoca..

Category: Property Law | Date: | Hits: 63

Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......cted by Sharifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by ......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......Tafazzul Islam J Nurul Islam and others....................Petitioners Vs. Lal Miah & another..........................Respondent Judgment: July 7, 2004. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chakl..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......rs were in possession of the case land set aside the above order dated 12.01.1982 and restored the mutation in the name of appellants and others. Then Shihamul Haque preferred Appeal No. 96 of 1984 before the Board of Land Administration and after hearing the same was dismissed Shihamul Haque then f......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ...... Ammal and another, AIR 1945 Madras 454; Order of the Holy Cross Vs. Lonnappan Thattil and another, AIR 1990 Kerala 215; Altaf Hossain and others Vs. Abdul Aziz Beoari and others, 47 DLR (AD) 106. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......ad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney General (with A.K.M. Zahirul Haque, Additional Attorney General) instructed by B. Hossain, Advocate-on-Record-for the Petitioner. Rafique-Ul-Huq, Senior Advocate (with Ahsanul Karim, Advocate), instructed by......there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......nt November 23, 2009. Result: The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney General (with A.K.M. Zahirul Haque, Additional Attorney..

Category: Fiscal/Taxation Law | Date: | Hits: 75

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

.... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ...... July 21, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 83 of 2007. (From the judgment and order dated the 1st day of Febru...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ......ip;…………………….Petitioner Vs. M. Muktar Hossain and others .................Respondents Judgment July 21, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Md. Aftab Hos..

Category: Criminal Law | Date: | Hits: 116

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......                         2. The writ petitioner respondents filed the aforesaid writ petition challenging the letter issued by the Senior Assistant Secretary, Section-16,......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......hellip;Appellants Vs. Mowlana Wahiduzzaman and another…………………….. ....Respondents Judgment August 18, 2009. Lawyers Involved: Mrs. Nahid Yesmin, Deputy Attorney General, instructed by Mrs. Sufia Khatu..

Category: Employment/Service Law | Date: | Hits: 146

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......ch 9, 2009. Lawyers Involved: Sirajul Islam Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed b......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......p;……………....Petitioner Vs. Sonali Bank, Cox's Bazar Branch & others ......................Respondents Judgment March 9, 2009. Lawyers Involved: Sirajul Islam Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Rec..

Category: Civil Law | Date: | Hits: 136