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

....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 "Daily Ittefaq" for inviting tender for the purpose of lease of r......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. ......90 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 Division Bench of the High Court Division in Writ Petition No. 21......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. ..

Category: Limitation Law | Date: | Hits: 154

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

....e No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......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.......our Court and another this Division. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellants. Respondents-Ex-parte. Civil Appeal No. 110 of 2002. (From the judgment and order dated 20.04.2000 passed by the High Court Division in Writ Petition No.6150 of 1997.) Judgm......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...

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

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

.... is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......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. ......nstructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 5, 6, 8-10. Not rep­resented-Respondent Nos.1-4, 7, 11-146. Civil Appeal No. 274 of 2001. (From the judgment and order dated 20.01.1997 passed by the High Court Division summarily rejecting revisional application ......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. ..

Category: Property Law | Date: | Hits: 33

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

....and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......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. ......eputy Attorney General instructed by Habibur Rahman Miah, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented-Respondent No.3. 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.) Judgme......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. ..

Category: Property Law | Date: | Hits: 37

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

.... MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Shamsun Nahar .....................................Appellant Vs. Khairunnessa Sadiq and others...............Respondents Judgment May 6, 2009. Lawyers Involv......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. ......Advocate instructed by Firoz Shah, Advocate-on-Record-For Respondent Nos.1, 4-5. Not repre­sented- Respondent Nos. 2-3, 6-7. Civil Appeal No. 243 of 2003. (From the judgment and order dated 27.03.2002 passed by the High Court Division in Civil Revision No.4059 of 1999.) ......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. ..

Category: Property Law | Date: | Hits: 33

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

.... any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......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. ...... the Appellant. Abdul Wadud Bhuiyan, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Appeal No. 355 of 2002. (From the judgment and order dated 21.11.2001 passed by the High Court Division in Writ petition No.7112 of 1997.) J......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. ..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)

....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. ......structed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No.1450 of 2007. (From the judgment and order dated 26th September, 2007 passed by the Administrative Appellate Tribunal in Appeal No. 223 o...... 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. ..

Category: Employment/Service Law | Date: | Hits: 67

Commissioner of Customs, Customs Excise and VAT, Chittagong & others Vs. Talha Tex Pro Limited, 2008, 37 CLC (AD)

....ereafter the writ petitioner company paid various other port charges and obtained the Jetty chalan car ticket for tak­ing out the imported goods from the port area and when the petitioner's trucks loaded with the imported goods were about to leave the customs area, some officers of the Customs depa...... 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. ...... instructed by Zainul Abedin, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 891 of 2006. (From the judgment and order dated 15.05.2006 passed by the High Court Division in Writ Petition No.4087of 1999.) Ju...... 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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 253

Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)

....e Court) Not represented-the Respondents. Civil Petition for Leave to Appeal No. 243 of 2008. (From the judgment and order dated 01.08.2006 passed by the High Court Division in Trade Mark Appeal No. 63 of 2001). Judgment Md. Tafazzul Islam J.- This petition for le......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. ......e-on-Record-For the petitioners (Appeared with the leave of the Court) Not represented-the Respondents. Civil Petition for Leave to Appeal No. 243 of 2008. (From the judgment and order dated 01.08.2006 passed by the High Court Division in Trade Mark Appeal No. 63 of 2001). ......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

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

....wful authority and are of no legal effect and thereupon further declared that the PSI Agencies "are not liable to pay VAT". The High Court Division also directed the authorities to refund the VAT already realized from the bills of the PSI Agencies. 4. The writ petitions were filed more or less wi......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. ......e service of PSI Agency is like that of the 'জরিপ সংস্থা’ the service of the PSI Agency is very much vatable. It has also been sub­mitted by the learned Counsel that before PSI order the PSI Agency had no respon­sibility as to the certificate issued or in other words service ......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. ..

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

Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)

....006) 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. ...... directed against the Judgment and Order dated 26-10-2008 passed by the High Court Division in Civil Order No. 4022 of 2008 under section 115(1) of the CPC rejecting the application and affirming the order dated 24-7-2008 passed by the learned Joint District Judge, 1st Court, Barisal in Money Suit N......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. ..

Category: Others | Date: | Hits: 94

State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

....ivision in Criminal Miscellaneous Case No. 27555 of 2009). Order Delay in filing the leave petition is con­doned. 2. This petition for leave to appeal has been filed against the ad-interim order dated 11th November, 2009 passed by the High Court Division in Criminal Miscellaneo......sion in Criminal Miscellaneous Case No. 27555 of 2009). Order Delay in filing the leave petition is con­doned. 2. This petition for leave to appeal has been filed against the ad-interim order dated 11th November, 2009 passed by the High Court Division in Criminal Miscellaneous ......he Petitioner. Khurshid Alam Khan, Advocate, instructed by Md Zahirul Islam, Advocate-on-Record—For Respondents. Criminal Petition for Leave to Appeal No. 20 of 2010. (From the order 11th November, 2009 passed by the High Court Division in Criminal Miscellaneous Case No. 27555......al Miscellaneous case No. 27555 of 2009 which arose out of Pakundia Police Station Case No. 05 dated 4-11-2009 now pending in the Chief Judicial Magistrate, Kishoregonj while issuing the Rule granted anticipatory bail for a period of 6(six) months. 3.  Heard the learned Additional Deputy Att..

Category: Others | Date: | Hits: 81

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

....f 1958) Section 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 acc...... Judgment Md. Abdul Matin J.- This petition 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 ......From the judgment dated 3-6-2008 passed by the High Court Division in Criminal Appeal No.4813 of 2007). Judgment Md. Abdul Matin J.- This petition 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 ......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. ..

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

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

.... SK Sinha J Anti-Corruption Commis­sion .................Petitioner Vs. ATM Nazimullah Chowdhury and others............Respondents Judgment March 14, 2010. The Constitution of Bangladesh, 1972 Article 102(2)(a)(ii) The Penal Code, 1860 (XLV of 1860) Section 409 The Preventio......rom the judgment and order dated 12-11-2008 passed by the High Court Division in Writ Petition No.8601 of 2008). Judgment SK Sinha J. - This petition for leave to appeal is directed against an interim order dated 12th November, 2008, of the High Court Division in Writ Petition No.8601 of 2008......oner. 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 High Court Division in Writ Petition No.8601 of 2008). Judgm...... 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. ..

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

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

....ny 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....... 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.......Md. Abul Bashar, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-5. Civil Appeal No. 249 of 2003. (From the judgment and order dated the 23rd day of November, 2000 passed by the High Court Division in Writ Petition No. 47...... 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...

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

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

....J Collector of Customs and others..............Appellants Vs. TK Oil Refinery Ltd. and 22 others...........Respondents Judgment May 14, 2009. The Constitution of Bangladesh, 1972, Article 103 Points not raised in the lower court cannot be urged at the leave stage......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. ......peal No. 30). Not represented—Respondents (In Civil Appeal No. 10, 12, 13, 15, 16, 17, 20, 21, 22, 23, 25, 26, 27, 28, 29). Civil Appeal Nos. 08-30 of 2002. (From the judgment and order dated 18-8-1998 passed by the High Court Division in Writ Petition Nos.1704,2304, 2305,1935.15......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. ..

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)

....ment 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. ......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. ......e-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 passed by the High Court Division in Writ Petition No. 6219 of 2007.) Judg......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. ..

Category: Constitutional Law | Date: | Hits: 207

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

....he application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26........ 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.......7 passed By the High Court Division in Civil Revision No. 3872 of 2004.) Judgment Shah Abu Nayeem Mominur Rahman J. – This application for leave to appeal is against the judgment and order dated 20.5.2007 passed in Civil Revision No. 3872 of 2004 by the High Court Division making th....... 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...

Category: Property Law | Date: | Hits: 63

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

....Miah & another..........................Respondent Judgment: July 7, 2004. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md......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. ......rs. 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 the High Court Division in Civil Revision No.2052 of 1996). ......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. ..

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)

.... Mohiuddin Khan and another..........Appellant (In Civil Appeal No.8 of 2005). Sree Mon Mohan Shaha and another .......Appellants (In Civil Appeal No.9 of 2005). Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others................Respondents (In both cases). Judgment ......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. ......d Mahbubar Rahman, Advocate-on-Record- For Respondent Nos.1-4 (In both cases). Not represented- For Respondent Nos.5-9 (In both cases). Civil Appeal Nos. 8-9 of 2005. (From the judgment and order dated 28.01.2002 passed by the High Court Division in First Appeal Nos.203 and 108 of 1995.) ......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. ..

Category: Property Law | Date: | Hits: 43