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Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
.... section 2 of Ordinance No. 1 of 2007 which runs as under: “ Bangla” 21. Provision of this section thus provides that notwithstanding any provisions contained in any other law for the time being in force the provisions of this Ordinance shall prevail and shall have force. 22. Sec......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....February, 1999 issued a suo moto Rule on 15.02.1999 under Section 561A of the Code of Criminal Procedure upon the appellant of Criminal Appeal No. 24 of 1999, who at the relevant time was General Secretary, Bangladesh Nationalist Party and others to show cause as to why activit......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....rt was lodged on 17.06.2002/ 22.06.2002 and though the reason has been given in the First Information Report but in fact the said reason appears to be false. He further submits that during the time of alleged occurrence no political party was in power and a neutral Care Taker Government was......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....onveyance Abdul Hamid got the land sold on July 26, 1960 reconveyed by the kabala dated May 15,1961 executed by Abdur Razzaque and since re-conveyance Abdul Hamid possessed the land during his life time and after him his heirs defendant Nos.1-9 are in possession of the land i.e. the suit land, t......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....les, 1980 was not made to favour anybody or to deprive anybody". 6. The learned Counsel submits in support of the prayer for review of the judgment dated December 4, 2000 that lapse of time will no bar to challenge the legality of the law/ Rule. The aforesaid contention was made in t......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....dings regarding the current market price of goods in the local market taking into consideration the change in price of goods in different foreign markets from where the goods are imported from time to time is being done on the basis of recommendation of high powered committee consisting of r...... Government fixes tariff value for any goods imported or exported as are chargeable with customs duty ad-volaram. The provision added by Finance Ordinance 1976 is intended to intervene in the large scale under-invoicing and thereby protect Government revenue. It is not based on the invoice value ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....laneous Case No.46 of 1996 wherein the pre-emptee, on 27.10.1996, filed written objection disclosing therein the earlier transfer to him by sale deed dated 17.06.95 and then only he, for the first time, came to know about the above sale deed dated 17.06.95; he then after obtaining the certified ......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
.... 5. Leave was granted to consider the submission that the pre-emptor had the knowledge of the purchase by the pre-emptee but he failed to exercise his right of pre-emption within the given time. So the case is barred by limitation. 6. We have heard Md. Harunur Rashid, the learned ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..Category: Property Law | Date: | Hits: 31
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....ss him from service initiated the so-called departmental proceeding, had no other alternative but to file the suit. The defendants having entered appearance in the suit on 7-10-1997 prayed for time to contest the suit and the Court fixed the next date on 4-11-97 for filing written statement;......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....a Rin Sangstha. The company was running an industry manufacturing fluorescent tube lights at Tejgaon Industrial Area through its appointed directors, managers, officers and executives at all relevant times. By notification No.186-61 dated 31-12-1971 passed under the Acting President's Order No. SEC-......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... 40 yards away from Nalchity Merchants High School (the High School) established in 1929, that the High School was started for imparting education to the boys and the said school had at no point of time admitted any girl, that to eliminate the School the High School circulated posters and leafle...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....nal was passed on 28-1-2003 and the certified copy was delivered on 1-2-2003 and after completing official formalities the appeal was filed on 7-8-2003 and thereby the appeal was filed out of time by three months and fifteen days but in view of section 6(2A) of the Act there being provision......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....40 which included interest on the balance amount upto 30.4.84. The appellants paid some instalments after the decree was passed and the balance, according to them, stood at Tk. 28,087.70 paisa at the time of execution of the decree. On 16.5.84 the appellants prayed for accepting the aforesaid bala......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
.... impliedly surrendered his tenancy right by voluntary abandonment of the suit land. 2. Appellant (Jashimuddin Kanchan) and respondent (Ali Ashraf) both purchassed the same land at about the same time from two rival owners under registered kabalas and thereby entered into the litigation. The l......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....adduced by the appellants not duly considered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte decree for the first time on 20.7.1981. the miscellaneous case having been filed on 05.08.1989, the same was not barred b.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
.... a limited period with a direction to dispose of the appeal before the High Court Division within that period but failed to dispose off the appeal in the High Court Division even on laps of very long time. The appellant is directed to dispose of the appeal within 6 months and after that period the a......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....n PWD approved rate and they have now reduced the price to Taka 16,50,00,000 taking into account the mode of transportation of the goods by sea instead of by air but confirming supply within specific time of 30 days; but the appellant sticking to their previous stand asked the respondent No.1 to red......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....inated with arsenic much above the standard level shown in the guideline of World Health Organisation, i.e. WHO, the respondent No.7; in the year 1996 Dhaka Community Hospital, for the first time, detected a patient with symptoms of arsenic poisoning and the Chairman of the said hospital, ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....beration at least on and from 28-2-72". 7. In the aforesaid quotation the word 'not' appears to be a typing mistake, since from the judgment of the Court of Settlement, placed before us at the time of hearing of the review petition, it is seen the aforesaid portion of the judgment reads as fo......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....cruitment Rules of 1980 the writ petitioner had no occasion to question the appointment of the respondent No. 5 in Grade-I, that amendment made in 1986 in the Recruitment Rules, 1980 was made at a time when there was no question of favouring respondent No.5 or depriving the writ-petitioner in an......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
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