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Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....dates to plaintiff No.1 (9 decimals), the defen­dant No.2 (9 decimals) and defendant No.3 (9 decimals), vide registered sale deeds and accordingly the plaintiffs mutated their names and were playing Government's rates and charges against receipt since their purchases in 1984 and that during S.A. su......structed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent Nos. 1-3 Not represented-Respondent Nos.4-6. Civil Petition for Leave to Appeal No. 872 of 2008. (From the judgment and order dated 05.03.2008 passed by the High Court Division in Civil Petition No. 1760 of 2006.) Jud..

Category: Property Law | Date: | Hits: 37

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....rries on business, inter alia, of manufacturing and marketing of beverage products having established a modern factory in Gazipur and after taking necessary license from the relevant authority of the Government produced, "malt beverage" and the company markets its products under the trade name "Crow......e-ul Huq, Senior Advocate (Dr. M. Zahir, Senior Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No. 62 of 2006. (From the judgment and order dated 15.03.2005 passed by the High Court Division in Writ Petition No.6818 of 2004.) Judgm..

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. ......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..

Category: Limitation Law | Date: | Hits: 154

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

....any, a banking compa­ny or a bank, a broker's office or stock exchange, a club, a hotel or a restau­rant or an eating house, cinema or the­atre, or such other establishment or class thereof as the Government may, by notification in the official gazette, declare to be a commercial establish­ment ......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..

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

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

....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 ..

Category: Property Law | Date: | Hits: 33

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

.... that the disputed building was allotted to Syed Nazir Ahmed, son of late Syed Wasi Ahmed on 07.08.1953 as a refugee for his rehabilita­tion by an Indenture of Agreement con­cluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part,......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..

Category: Property Law | Date: | Hits: 37

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

....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.) ..

Category: Property Law | Date: | Hits: 33

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

.....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 a plot in Mohammadpur on 6.1.1960 by the then Government and was put into possession. He constructed two rooms and started living with his family ...... 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..

Category: Property Law | Date: | Hits: 31

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

.... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the secretary, Ministry of Communication, Bangladesh Secr......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..

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)

....re seized illegally without any valid docu­ment and without issuing any seizure list. In the supplementary affidavit the writ petitioner submitted that the Bangladesh Standard Testing Institution, a Government testing organization, on chemical examination of the samples of the imported goods sent t...... 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..

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. ......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). ..

Category: Intellectual Property Law | Date: | Hits: 211

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

....o refund the VAT already realized from the bills of the PSI Agencies. 4. The writ petitions were filed more or less with the common contentions, that PSI Agencies  were  appointed by the Government to  render service outside Bangladesh and that VAT being levyable for service render......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 ..

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. ...... 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..

Category: Others | Date: | Hits: 94

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

.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......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..

Category: Others | Date: | Hits: 81

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. ......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 ..

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

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

.... exercising undue influence and thereby caused the loss of total 72,000 Dirham from the public exchequer. The writ petitioner also misappropriated total sum of 34,150 Dirham, which was drawn from the Government of Bangladesh as the salary of two gardeners of the Embassy of Bangladesh namely Md. Jewe......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..

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

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.......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..

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

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

.... the basis of tariff value in respect of imports where letters of credit were opened prior to the dele­tion of the tariff value. 6. The respondents filed affidavit-in-reply contending that the Government is not competent to fix any price like the indicative price and whatever price is fixed b......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..

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)

....e Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008). Kazi Hab......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..

Category: Constitutional Law | Date: | Hits: 207

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

..... 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..

Category: Property Law | Date: | Hits: 63