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Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

.... Court Appellate Division (Civil) Present: M Ruhul Amin J KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants Vs. North Point University... ……….Respondent Ju......ble to the respondent. 11. He has further argued that in view of section 6(b) of the General Clauses Act the respondent's application has to be considered under unamended section 7. 12. For proper adjudication of the matter the relevant ‑portion of section 7 of the Private University Act..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD

....   KM Hasan J   Md. Fazlul Haque J   Islami Bank Bangladesh Ltd. ..........Appellant   Vs.   Sub‑Judge and Additional Artha Rin Adalat & others...Respondents   Judgment &nb......exercise the power of sale or its adjustment as a means of discharging or satisfying the amount due to him. The pledgee, therefore, is competent in law to sue for his debt without selling the pledged property and adjusting its price towards the payment of the debt. He has, however, to keep the prope..

Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112

Anowar Steel Mills Ltd. Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others, 2003, 32 CLC (AD)

.... SJR Mudassir Husain J AS Ahammed J Anowar Steel Mills Ltd...........Petitioner Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others ….... Respondents Judgment January 26, 2003. The Value Added Tax Ac......es Tax Ordinance, 1982 or relates to in stock for production or manufacture of the goods which is subject to value added tax and not on inputs and such remission of tax on input may be granted by the proper officer according to the procedure laid down in the Act. Here, in this case before us, the va..

Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114

Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).

....Husain J   AS Ahammed J    Alfazuddin Ahmed ........Appellant   Vs.   Abdur Rahman and others.................Respondents   Judgment   ......e in the partition suit though there was no such evidence. Leave was also obtained for consideration whether the decisions reported in 33 DLR (AD) 323; 1987 BLD (AD) 122 and 33 DLR (AD) 309 have been properly interpreted in the instant case.   8. The admitted fact is t..

Category: Property Law | Date: 21 Jan, 2003 | Hits: 81

Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD

....  Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants   Vs.   Md. Afzal Hossain ...... Enquiry Officer as well as in the departmental appeal the tribunals committed wrong in interfering with the penalty of compulsory retirement although the penalty so imposed was quite appropriate and proper in the background of the facts and circumstances of the case initiated against the respondent..

Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122

Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).

.... Ed. ......nal jurisprudence. Therefore, it was absolutely necessary for the prosecution to place before the Court all the relevant documents but this was not done. Under the circumstances it would have been proper for the trial Court to direct the prosecution to produce the documents. By not doing so the ..

Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76

Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).

.... Judgment December 1, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Bail Matter Besides inordinate delay in prosecuting the trial of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellan......14 DLR (SC) 321 it has been held that: “We may state straightway that where a Court is called upon to exercise its judicial discretion it will not be discharging its functions properly if it were to proceed upon any a prior assumption that in all cases where an offence of..

Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123

Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).

....: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zyta Garments Ltd......................Petitioner Vs. Union Bank Ltd and another …………….Respondents Judgement ...... It apprehends that if a decree is passed the money under the decree will be debited from the petitioner's account causing it to suffer irreparable loss and injury. Therefore, it is a necessary and proper party to be added. The application was opposed by the plaintiff‑respondent Union Bank ..

Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169

DC of Dhaka & ors Vs. Aziz Co­operative Housing Society Ltd. & ors, 2006, 35 CLC (AD)

....ccordingly the petition is dismissed.  Ed. ...... the petitioner No. 1 and the other writ petitioners filed objection as against the proposed requisition and acquisition stating that it is not conceivable to be in the public interest to acquire the property as mentioned in the notice which provides access to 160 families and 600 shop owners and th..

Category: Property Law | Date: 16 Nov, 2002 | Hits: 72

Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)

.... High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result......‑2002 passed by the learned Assistant Judge, 6th Court, Dhaka in Title Suit No.137 of 2001 should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff ..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198

Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

.... Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J Ahmed Impex (Private) Ltd. & others.............Appellants Vs. Moqbul Ahmed being dead his heirs: Ferdous Ara Begum and others ................Respondents Judgment November 5, 2002. Result: The appeal is......ip of the appellant company, execution of debit voucher acknowledging receipt of money against transfer of shares concerned in the appellant company at the instance of the respondents on the basis of proper appreciation of evidence on record. 8. Dr. M Zahir, the learned Counsel appearing for the..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....howdhury CJ Md Ruhul Amin J Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J  Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors &helli......missing them.  2. The facts of the case and materials relating thereto are already discussed in the judgment delivered by this court. But the relevant facts are to be briefly stated for a proper appreciation   of the   grounds   urged   by &nb..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....ourt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and anoth­er.........Appellants Vs. Md. Yusuf Ali Khan and others....................it No. 135 of 1985 before the learned Subordinate Judge, Dhaka, for Specific Performance of Contract by directing the defen­dant No. 1 to execute and register a deed of sale in respect of the suit property in favour of the plaintiff. 2. The respondent No. 2 Mrs. Mariyam Iqramullah Khan,..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and......t No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any other general or other relief that may be thought fit and proper. In the instant case allowing reference to arbitration under section 10 of the Arbitration A..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....oner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000......ns:- a) Pre-reference Period interest: In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made by him it will not be proper and safe to vest in him power to award interest for the pre reference peri­od, for this per..

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... Reza Chowdhury CJ  Md. Fazlul Karim J  KM Hasan J  Md. Fazlul Haque J   Hazerullah …………Petitioner Vs. Assistant Commissioner, Board of Management of Abandoned Property and others …… Respondents Judgment  August 7, 2002. Result: ......Division summarily rejecting the writ petition impugning notice dated 28‑8‑1998 issued by respondent No. 1 to have been declared to have been issued without any lawful authority. The petitioner's property was initially enlisted as abandoned property in 'Ka' list published on 23 September 1986 un..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

.... Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-Genera......n and a Division Bench presided over by Mr. Md. Ali Asgar Khan J, discharged the Rule by judgment and order dated 5-3-2002, holding that the order of detention passed against the detenu was legal and proper. 5. In this miscellaneous case the order of detention dated 22-4-2002 vide Memo No. 1343..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....se is also Reported in: 55 DLR (HCD) (2003) 527. ...... omission makes the charge materially defective and the said defect is not curable under section 537 of the Code of Criminal Procedure because this omission deprived the accused appellant from taking proper defence and thereby caused prejudice to him. 25. We do not find any substance in the subm..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

State Vs. Harish, 2002, 31 CLC (HCD)

....Vs. Harish………………………………Condemned Prisoner Judgment July 1 & 2, 2002. Cases Referred To- State vs. Ali Hossain 1998 BLD 655 = 3 BLC 93; Safar Ali and others vs. The State, 1983 BLD 325 = 36 DLR 185; State vs. Md. Ali Kibria @ Shahjahan 43 DLR 512......The State, reported in 1983 BLD 325 = 36 DLR 185 it has been observed by the Division Bench that prolonged police custody immediately preceding the making of confession is sufficient if not otherwise properly explained to grant it as involuntary and that there was no explanation from the prosecution..

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

.... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip......ners feel that the matter raised in the writ petition involves breaches of constitutional obligations and statutory duties by and on behalf of the respondent Nos. 1, 2 and 3, in dealing with public property in clear violation of legal mandates and public policies. The petitioners claim that as c..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50