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Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....that the shipment would be made from several countries as such the plaintiff amended the port of shipment and that the defendant Nos.1 and 2 failed to make shipment of the plaintiffs merchandise on time and as a result the plaintiffs mill became inoperative for want of raw materials and that the ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..Category: Business or Commercial Law | Date: | Hits: 121
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....he amount of TK. 50, 000/- and TK. 3, 97, 875/- on 25 August 1997 and that the cheque of TK. 50, 000/- was honored while the cheque of TK. 3, 97, 875/- was dishonored more than once and in the mean time the due time for payment of the installment also expired and, institute the respondent No. 1 ......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ..Category: Criminal Law | Date: | Hits: 44
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
.... Program Support and in the agreement provision has been made for implementation of 2nd Phase of the project and that Government gave sanction for keeping 29 posts which were earlier created at the time of starting the work of the project and by letter dated 25.11.2002 informed the office of the......Strengthening Plant Protection Services (SPPS) Project "hereinafter referred to as the project and the respondents were appointed in the said project on different departments under various pay scales under different terms and conditions and that the project initially continued for five year..Category: Others | Date: | Hits: 87
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....sting witness of the Nadabipatra and they in their depositions did not state as to when and where they had written or attested the Nadabipatra and as such their evidence specifically in respect of time, place and manner of execution of Nadabipatra are vague and unspecific inasmuch P.Ws. 2......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ..Category: Property Law | Date: | Hits: 30
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....passed by the High Court Division on 19.12.2003 showing issuance of rule and order of stay. The Executing Court after hearing the parties recalled the writ of delivery of possession but in the mean time the respondent No.1 had already been evicted from the suit premises on 30.11.2003 at about 2.3......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... when the defendant petitioners filed written statement and thus took off the suit from the list of ex-part hearing and that 22.05.2002 was fixed for setting the date of hearing and in the meantime at the instance of the defendant No.6, Dhaka City Corporation the plaintiff petitioners being ...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....ment appears to be not genuine, that the plaintiffs have admitted claim of the defendants about purchase of .10 acre of land from Prabhat Chandra Shil, that the defendants although at the time of trial claimed that they took settlement of .61 acre of land by the ‘Amaldari’ ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....tant General Manager was baseless and false. Thereafter, an Inquiry Committee was constituted for holding inquiry as to the allegations made against him. The committee did not inform him the date and time of inquiry and to remain present before the inquiry committee and that the inquiry committee di......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....after receiving of the record from the High Court Division and finally about the date of peremptory hearing of the suit and, as such, he was not aware of the ex parte decree and that for the first time he came to know about the ex parte decree from Shamsher Ali Sheikh (P.W 2) on 2nd of Baishakh,...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 112
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....ds of the petitioner on the tariff value. 5. The High Court Division discharged the Rule holding that the petitioner is liable to be fixed up with tariff value on the goods prevalent at the time of filing of the bill of entry. 6. Mr.Nurul Islam Bhuiyan, the learned Advocate-on-Reco......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....fter Mir Baksha Miah received further amount of Taka 560 as advance and made further construction, that it was the stipulation that Taka 560 would be adjusted against the rent which at the relevant time was Taka 35 and that after adjustment of the advanced amount by May, 1960, the monthly rent w......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....tion in service as per Provisions of Regulation 10(1) (4) of Probidhanmala, 1990. 11. It is true that as per Sub-Regulation (2) of Regulation 10 the seniority of the employees appointed at a time shall be determined on the basis of merit list as recommended by the selection committee cons......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
.... in suit. 13. The defendant No.1 filed Miscellaneous Case seeking preemption in respect of the transfer made by Safatunnessa to the plaintiff but the said preemption case was dismissed being time barred. During the pendency of the preemption case defendant No.1 having had dispossessed the ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....d to ensure the proper management of the Banks and by those circulars the Bangladesh Bank has given the guidelines only and there is no contradictions as alleged; the High Court Division in the meantime having disposed of some writ petitions by judgments dated 20-1-04 declaring the above section...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
....etition, in short, are that one Champa Khatoon (15), dumb daughter of Khodeja Khatoon on 12-7-2000 went to a pond near her house at about 3-00 PM but did not return till 12-00 at night and at that time her mother Khodeja Khatoon found some persons assembled at the Union Parishad road situated to......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....al Court in accordance with law. 9. Since the convicts have disowned the jurisdiction of this Court thereby remained satisfied with the judgment under appeal displaying certain purely religious sentiments which a Court of law established by law has nothing to do and on my perusal of the impugned ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
.... after getting the approval from the Ministry they will pay the bills for the excess amount to be spent for purchasing the materials from the market at higher rate, the respondent No.1 who in the meantime already invested huge fund in the works went on with the construction works by purchasing the m......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....and the plaintiff bank also made correspondence with the respondent No.3, Ministry of Finance claiming the money but the plaintiff-respondent did not receive any money. The defendant-petitioner, from time to time, requested the plaintiff bank for time to make arrangement for payment of the money but......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....etition he had challenged an order of the Director General of Food drawing up a departmental proceeding against him. 2. Petitioner was Inspector of Food and In-charge of Sylhet LSD at the relevant time. On the allegation of gross neglect of duty i.e. his failure to take action for recovery of los......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....at the company never accepted the interpretation given in the impugned letter dated 11th July, 1985. It had to deposit the sum of Tk. 24,66,088/45 paisa as directed by the Board of Revenue. At that time the company could not challenge the legality of the impugned order dated 11th July, 1985 beca......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
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