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Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

.... costs.  Ed ...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ..

Category: Labour and Industrial Law | Date: | Hits: 130

National Board of Revenue and oth­ers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

...., and section 5A of the Sales Tax Ordinance, 1982 (XVIII of 1982), the National Board of Revenue is pleased to direct that such of the goods specified in the Schedule as are temporarily imported into Bangladesh with a view to subsequent re-exportation be exempt from payment of whole of customs duty ......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)

....six) months.  9. The petitioners are permitted to add additional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ......six) months.  9. The petitioners are permitted to add additional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ......six) months.  9. The petitioners are permitted to add additional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ......six) months.  9. The petitioners are permitted to add additional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ..

Category: Employment/Service Law | Date: | Hits: 120

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

.... Amirul Kabir Chowdhury, J  M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Respondent  Judgment 13th August 2004&nbs...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

....aka............................Appellant Vs. Md. Kamrul  Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Uni......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ...... petition No. 227 of 2000. The writ petition was filed by the Respondent Nos. 1-11 impugning legality of the action of the Government of Bangladesh, Inspector General of Police and Bangladesh Public, Service Commission in taking steps for pro­moting the writ Respondent Nos. 4-86 from the post of As......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..

Category: Administrative Law | Date: | Hits: 152

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....h Court, Dhaka in Title Suit No. 316 of 1981.  2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth hav­ing been born in Chittagong on 2.2.1919; that he was educated in Calcut......e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

...., felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ......, felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ......, felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ......, felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 73

National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)

..... The learned Subordinate Judge dismissed both the suits and the counter claim.  3. The case of the plaintiff respondent is that the defendant petitioner advertised on 21.30.1986  in  Bangladesh Observer for sale of 22 truck chassis on "as is where is' basis. The plaint......nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ......nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ......nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ..

Category: Business or Commercial Law | Date: | Hits: 108

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

....Ahmed and others ..................Respondents Judgment July 23, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: ......arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..

Category: Property Law | Date: | Hits: 97

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....MLR (AD) 2006, 83. ......ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......in error in holding that the application for vacating the interim order passed in the writ petition was not bonafide inasmuch as the time limit which was prescribed in Regulation No.43(7) of the BADC Service Regulation, 1990 was no longer in force because of the amendment of the model service R......ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..

Category: Employment/Service Law | Date: | Hits: 109

Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)

.... Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent.  Judgment August 9, 2005. The Constitution of Bangladesh, 1972, Article 104 The Code of Civil Procedure 1908 (V of 1908), Order XIV, rul......; Syed Alam Hussain and others reported in 1975 SCMR 60 wherein it has been held that:  "The rule is at best a rule of practice only developed as a result of the practice of the Judicial Committee and, therefore, like all rules of practice it can legitimate­ly be departed f...... the root resulting the suit not maintainable as framed. The suit ought to have been dismissed on the issue."  16. In the instant case the defendant-respondent has framed certain Service rules/regulations unorder to regulate the terms and conditions of the service of the plainti...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ..

Category: Employment/Service Law | Date: | Hits: 211

Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)

....Division (Civil) Present: K. M. Hasan,  C.J. Mohammad Fazlul Karim, J. Md. Hamidul Haque, J.Md. Tafazzul Islam, J.  Abul Kalam Azad.....................Petitioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Respondents.  J......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 133

Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)

....agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ......agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ......agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ......agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 54

Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)

....ad Fazlul Karim, J.- This appeal at the instance of the contemner-appellants arose out of judgment and order dated 1st and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting t......ered by the Court.  15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division.  In the result, the appeal is dismissed.  Ed. ......ered by the Court.  15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division.  In the result, the appeal is dismissed.  Ed. ......ntemner-appellants contested the case filing affidavit-in-opposition con­tending, inter alia, that the Bank is run and managed by a Board of Directors. According to Article 131 of the Articles of Association its business is managed by the Directors who exercise all such powers and do all such ac..

Category: Business or Commercial Law | Date: | Hits: 118

Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)

....upreme Court Appellate Division (Civil)  Present: Md. Ruhul Amin, J. K. M. Hasan, J. Md. Fazlul Haque, J .  Syed Ehsanul Hussain and another........................Petitioners. Vs. Bangladesh House Building Finance Corporation represented by its Zonal Manager, Khulna.....Responden......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same.  Accordingly, the leave petition is dis­missed.  Ed. ......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same.  Accordingly, the leave petition is dis­missed.  Ed. ......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same.  Accordingly, the leave petition is dis­missed.  Ed. ..

Category: Property Law | Date: | Hits: 110

Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)

....sion (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nurul Hoque Miah……………………....Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Establishment and others…………………â€......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......n given acting promotion and the officer next below him. Accordingly, the Administrative Tribunal ordered for correction of the impugned gradation list of 1985 of the officers of the Bangladesh Civil Service (Finance: Taxation) to show the appellant's seniority in the Taxes Department from the date ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..

Category: Administrative Law | Date: | Hits: 162

Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)

....rs……….....Respondents Judgment December 9, 2003 Result: The Appeal is allowed. Cases Referred to- Al-Haj Abul Basher, being dead his heirs Hosne Ara Begum and others Vs. Bangladesh and others, 50 DLR (AD) 11, Nur Mohammad and others Vs. Moulvi Mainuddin Ahmed and others......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..

Category: Limitation Law | Date: | Hits: 189

Mayor, Chittagong City Corporation, Chittagong & others Vs. Md. Jahangir Faruk & others, 2006, 35 CLC (AD)

.... background of the discussions we are of the view no interference with judgment sought to be appealed is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in:...... background of the discussions we are of the view no interference with judgment sought to be appealed is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in:...... background of the discussions we are of the view no interference with judgment sought to be appealed is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in:...... background of the discussions we are of the view no interference with judgment sought to be appealed is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in:..

Category: Employment/Service Law | Date: | Hits: 96

M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)

....n (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J M. A. Rashid and others……….....Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and other......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 74