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

....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.......rection 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 portion of the judgment of the H..

Category: Others | Date: | Hits: 144

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

....of the writ petitioner for all these years and thus denied him his legiti­mate expectation of being treated fairly. 15. It is true that there is no concluded contract and the contract is also not rooted in any statute but facts remain that the writ petitioner had been seriously prejudiced for wi......aban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Civil Appeal No. 290 of 2007) Vs. Mostafa Kamal and others.....Respondents (In both cases) Judgment April 27, 2009. Case Referred To- Food Corporation of India Vs. M/s. Ka..

Category: Limitation Law | Date: | Hits: 154

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

....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.......ass any order upon that applica­tion. So the respondent No. 2, after serving a grievance notice demanding justice by registered post, which also the petitioner refused to accept, filed the complaint case. 3. The present petitioner Bangladesh water Development Board contested the said case before..

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. ......ut scrutinizing the point on merit on the basis of evidence on record. 12. Mr. Mahbubey Alam learned Counsel appearing for the respondents submits that the plaintiffs have been able to prove their case by adducing oral and documentary evidences. In that situation the plaintiffs cannot be satisfie..

Category: Property Law | Date: | Hits: 33

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. ......ner then moved the High Court Division. 3. The respondent Nos.2 and 3 contested the Rule by filing separate affidavits-in-opposition denying the material allega­tions made in the application. The case of the respondent No.2 is that one Syed Nazir Ahmed as refugee was allotted the disput­ed buil..

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. ......d No.37889 dated 24.11.1980, execut­ed by donor Munshi Imamuddin Dewan in favour of his daughter, the defendant, is false, fraudulent and not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that the property mentioned in Schedule 'A' of the plaint belonged to Md. Sadeq w..

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. ......iming title to and interest in the house in question on the basis of bainapatra alleged to have been executed by the respondent's father in the year 1973. The said application was regis­tered as the case No.350 of 1987. The case was dismissed as the bainapatra was not proved. 4. The Court of..

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. ......2002 in the Administrative Tribunal, Bogra. The tri­bunal allowed the petition partly and ordered for granting pension and payment of arrear gratuity after deduction of Tk. 73,791/42. Hence, was the case. 3. The case of the appellant-opposite party was that the petitioner retired from servic..

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)

.... 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. ......two reports cannot be disregarded and as such the detention of the goods and subsequent act of seizure of the imported goods were illegal. 6. Therefore, in the facts and circum­stances of the case and in view of the dis­cussion made above, we are of the view that the High Court Division upo..

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. ......িসিক টঙ্গী on the body of the fan produced by him or the packages cartoon of the said fans in as much as the jurisdiction as exer­cised by the High Court Division in the present  case  is  vested only  upon the District Judge in a suit instituted under section 73 of the Trade..

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

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

....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. ......resent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases) Vs. Intertek Testing Services International Ltd. and another.......Respondents (In Civi..

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. ......et up an industry, prayed for a com­posite investment facility in the category of Bai Muazzal and Bai Murrabaha for Taka 80 lakh to the Bank. On consideration of the facts and cir­cumstances of the case and on examining the project report the Bank approved Taka 50 lakh to the plaintiff and the ind..

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. ......e 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 case No. 27555 of 2009 which arose out of Pakundia Police Station Case No. 05 dated 4-11-2009 now pe..

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. ...... 26-8-2007. 3. On 22-3-2007 the Deputy Director of the Anti-Corruption Commission lodged an FIR with Dhanmondi Police Station against the respondent No.1 and Barrister Nazmul Huda and the said case was registered as Dhanmondi Police Station Case No.70 dated 21-3-2007 under section 5(2) of the..

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

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

.... 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. ......দক বিঃ অনুঃ তদন্ত ২ সি ০২/০৮ ১৪৬৫৬ dated 21st August, 2008, accorded sanction for submitting charge sheet against the writ petitioner in the said case. Thereafter, the investigating officer submitted Charge Sheet No.336 dated 28th August, 2008,..

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.......peal 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 Master Decree was appoin..

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

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

....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. ...... the authorities can fix in advance any value like indicative value of any imported merchandise for the purpose of assessment of customs duties without complying with the requirements of law, in this case, section 25 (1) of the Customs Act. Case Referred To- Mizanur Rahman's case, 52 DLR..

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)

....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. ......o.111 of 2008). Kazi Habibul Awal............Appellant (In Civil Appeal No.112 of 2008). Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another……...Respondents (In both the cases). Judgment December 17, 2009. Result: Both the appeals are dismissed. Case Ref..

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.......tting aside the judgment and order dated 12.2.2004 passed in Miscellaneous Case No. 47 of 2003 (Pre-emption) by the Joint District Judge, 1st Court, Moulvibazar. 4. The aforesaid miscellaneous case arises out of application filed under section 96 of the State Acquisition and Tenancy Act in th..

Category: Property Law | Date: | Hits: 63

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

....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. ......alia, that the plaintiffs have no right, title and possession in the suit land and as such without paying ad valorem Court fee and prayer for consequential relief, the suit is not maintainable. Their case in short is that the suit land was never sold in auction. The suit land originally belonged to ..

Category: Property Law | Date: | Hits: 34