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Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......respondent No.4). 11. The Rule was taken up for hearing by the High Court Division along with two other rules issued in Writ Petition Nos. 6703 of 2004 and 12175 of 2006 finding that similar question of fact and law was involved in those rules and after hearing the parties discharged the ......174 of 2006 (analogously heard with Writ Petition Nos.6703 of 2004 and 12175 of 2006) discharging the Rule with cost of Tk.5,000/- to be paid to the Government through treasury challan. 2. The facts, in short, are that the petitioner, as writ petition filed aforesaid writ petition praying for..Category: Business or Commercial Law | Date: | Hits: 216
....sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
......sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
......ha Rin Adalat at Bagerhat in Artha Jari Case No. 12 of 2005 and Artha Rin Adalat (Md. Abdul Matin J) 195 whereby the warrant of arrest was issued against the judgment debtor petitioner.
2. The facts, in short, are that the respondent No.2 in the capacity of the plaintiff instituted Artha Ri..
Category: Others | Date: | Hits: 84
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ...... 9. While the petitioner was waiting to receive a favourable response from the Ministry concern all on a sudden the petitioner learnt that the Ministry has decided to lease out the fishery in question by tender. The petitioner on further inquiry learnt that the leasing authority without taki...... petition for leave to appeal is directed against the judgment and order dated 04.12.2008 passed by the High Court Division in Writ Petition No.9684 of 2008 rejecting the writ petition. 2. The facts, in short, are that the petitioner filed writ petition challenging the memo bearing No.Bhu:Mo:..Category: Property Law | Date: | Hits: 26
....ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
...... The delay is condoned.
2. This petition for leave to appeal is directed against an order dated 27.08.2008 passed by the High Court Division in Execution Case No. 05 of 2004.
3. The facts, in short, are that M/S. Al Falah Shipping Lines Ltd. made an agreement on 23.10.1984 with Foo..
Category: Others | Date: | Hits: 356
Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)
....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......The facts, in short, are that predecessor of petitioner Md. Enam Hossain obtained E.G. No. 13097 in respect of Md. Haider Waqf Estate wherein quantum of land was 64.63 acres, and that the property in question is situated under Police Station-Guainghat of Sylhet town and that the petitioner Md. Enam ......is petition for leave to appeal is directed against the judgment and order dated 30.10.2008 passed by the High Court Division in Civil Revision No.3265 of 2007 making the Rule absolute. 2. The facts, in short, are that predecessor of petitioner Md. Enam Hossain obtained E.G. No. 13097 in resp..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......ned Senior Assistant Judge, Sadar, Sylhet in Miscellaneous Case No.18 of 2006 rejecting the application for setting aside the order dated 11.03.2007 dismissing the miscellaneous case. 2. The facts, in short, are that the respondents herein as plaintiffs instituted S.C.C Suit No.9 of 2005 ..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ...... title deeds and Khatians as well as the oral evidences proved their case of title and possession and that in view of the settled principle of law that in exercising revisional power the finding of facts, whether concurrent or not, arrived at by the appellate Court is final, unless it could be sho..Category: Property Law | Date: | Hits: 37
....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.......with due consideration of the necessity of granting such license in the perspective of degradation of moral values, increasing social crimes and negative public stance against the products in question.
7. It was further submitted that Section 3 of the Narcotics Control Act, 1990 (as amend...... made the Rule absolute with direction
upon the respondent to grant the required license in favour of the writ petitioner under Section 11 of the Narcotics Control Act, 1990.
15. In view of the facts and circumstances of the case there is no ground to allow the appeal. However, the operative p..
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. ......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. ...... Md. Abdul Matin J.- This appeal is directed against the judgment and order dated 22.08.2006 passed by the High Court Division in Writ Petition No.2172 of 2004 making the Rule absolute. 2. The facts, in short, are that the respondent No.2 published an advertisement on 01.09.2001 in the "Dai..Category: Limitation Law | Date: | Hits: 154
....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.......the complainant.
11. In the Divisional Labour Court the respondent Golam Nabi filed the complaint case under Section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965. The precise question is whether Bangladesh Water Development Board is a commercial establishment or an industri...... High Court Division, discharging the Rule and affirming the judgment and order dated 28.04.1997 passed by the Chairman, Divisional Labour Court, Khulna in Complaint Case No.25 of 1995.
2. The facts, in short, are that the respondent No. 2 Md. Golam Nabi filed a Complaint Case being No.25 o..
Category: Labour and Industrial Law | Date: | Hits: 110
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. ......otted the disputed building and while he was in possession of the said building left the house in December 1971 and took shelter in a camp. He also opted for Pakistan (Annexure-I) and as such the question of sale of the house by Syed Nazir Ahmed does not arise at all and that the appellant has c......rected against the judgment and order dated 22.05.2002 passed by the High Court Division in Writ Petition No. 265 of 1997 discharging the rule nisi on contest without any order as to costs. 2. The facts, in short, are that the disputed building was allotted to Syed Nazir Ahmed, son of late Syed W..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....s valid and thereby made an erroneous decision occasioning failure of justice. It is also submitted that the High Court Division committed an error of law misconceiving Heba and Heba-bil-Ewaz deed as identical and failed to arrive at a correct decision and also failed to hold that Heba-bil-Ewaz deed......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. ......in Title Appeal No.175 of 1990 setting aside the judgment and decree dated 30.9.1989 of the learned Assistant Judge, Second Court, Dhaka in Title Suit No.892 of 1985 decreeing the suit. 2. The facts, in short, are that the respondents as plaintiffs filed Title Suit No.892 of 1985 in the Cou..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. ......included in the 'ka' list of abandoned buildings published by the Government on 23.09.1986. The respondent then filed an application before the Court of Settlement praying for release of the house in question. 3. At the same time Istefa Hossain under whose custody the respondent No. 5 kept th......Md. Abdul Matin J. - This appeal is directed against the judgment and order dated 21.11.2001 passed by the High Court Division in Writ petition No.7112 of 1997 making the rule absolute. 2. The facts, in short, are that the respondent's father Manzur Ahmed, a refugee from India was allotted ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
.... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ...... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ......ainst the judgment and order dated 26th September. 2007 passed by the Administrative Appellate Tribunal. Dhaka in Appeal No.223 of 2003 allowing the appeal in part with modifications. 2. Short facts as placed before the Administrative Appellate Tribunal, Dhaka are that the petitioner Md. Zill..Category: Employment/Service Law | Date: | Hits: 67
.... High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 65.
...... High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 65.
......s petition for leave to appeal is directed against the judgment and order dated 15.05.2006 passed by the High Court Division in Writ Petition No.4087 of 1999 making the Rule absolute.
2. Short facts are that the writ petitioner company opened Letter of Credit on 01.08.1999 for import of 48.75..
Category: Fiscal/Taxation Law | Date: | Hits: 253
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......elligence and therefore it is expected that any consumer purchaser of a ceiling fan will duly scrutinize the product including name of the manufacturer thereof and therefore there should not be any question of confusion or deception in purchasing a fan; the petitioner is using the similar type of ......ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ..Category: Intellectual Property Law | Date: | Hits: 211
....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.
...... that of the 'জরিপ সংস্থা’ are vatable.
28. The learned Counsel Mr. Md. Salah Uddin Ahmed for the Respondent Nos.1 and 2 in Civil Appeal No. 287 of 2003 submitted that sole question in the appeals is whether PSI Agency renders service in Bangladesh and that whether service...... that services rendered by the PSI Agency is liable to be charge with VAT as a Survey Agency 'জরিপ সংস্থা’ under the service code S020.00 of the VAT Act, 1991 and as such in the facts and circumstances of the case the High Court Division was in error in holding otherwise and th..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ...... order dated 24-7-2008 passed by the learned Joint District Judge, 1st Court, Barisal in Money Suit No. 3 of 2006 allowing the application for auditing the income of plaintiff industry. 2. The facts, in short, are that the plaintiff in order to set up an industry, prayed for a composite inv..Category: Others | Date: | Hits: 94
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. ......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. ......ition for leave to appeal is directed against order dated 3-6-2008 passed by the High Court Division in Criminal Appeal No. 4813 of 2007 granting ad-interim bail to the respondent No. 1. 2. The facts, in short, are that the present respondent No.1 was put on trial before the Special Judge No.2..Category: Anti-Corruption Laws | Date: | Hits: 143
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.......ut it is with stigma, so the argument of Mr. AJ Mohammad Ali is that the order of termination is malafide in view of the attending facts and circumstances of the case which cannot be ignored. The question of malafide is rather a disputed fact but what we find from the facts and circumstances of ......zlul Karim J. - The appeal by leave is directed against the judgment and order dated 23-11-2000 passed by the High Court Division in Writ Petition No. 4786 of 1999 making the Rule absolute. 2. The facts involved in the case, in short, are that the respondent No.1 as petitioner upon obtaining Ma..Category: Employment/Service Law | Date: | Hits: 68
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