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Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....ant to their vessel, MV Loyal Bird, at different ports and during the pendency of the above money suit the plaintiff, suppressing the filing of the above Money Suit No. 21 of 1993 in Bangladeshi which was pending, also filed Admiralty Suit No. 44 of 1994 in the Bombay High Court claimi...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......ate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Not represented—The Respondents. Civil Appeal No. 15 of 2000. (From the judgment and order dated 21 April 1999 passed by the High Court Division in Civil Revision No. 562 of 1997). ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
.... review, was subsequently reversed………..(7) Cases Referred To- Collector of Customs vs. A Hannan 42 DLR (AD) 167; Mostafizur Rahman vs. Government of Bangladesh 51 DLR (AD) 41; Bangladesh vs. Mizanur Rahman 52 DLR (AD) 149. Lawyers Involved: ......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......bsp; (From the judgment and order dated 28-7-1999 passed by the High Court Division in Writ Petition No. 510 of 1993).&n......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....of the Acquisition and Requisition of Immovable Property Ordinance, 1982 by which he, being treated as a person interested, was informed that compensation for structure amounting to Taka 5,95,221 had been awarded in his favour and he was asked to receive the same; thereafter he preferred an appe...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... ABM Nurul Islam. Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 215 of 2000. (From the judgment and order dated 29-10-1998 passed by the High Court Division in Writ Petition No. 2490 of 1990). ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
.... by the tender committee as he was found to have quoted the highest price in all 14 items. Thereafter, the tender committee forwarded all the tenders for approval by the Zonal disposal committee headed by the writ respondent No. 5, Additional Chief Engineer, PWD Chittagong Zone and thereafter on......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......, (In Civil Appeal No. 185 of 2005). Not represented—Respondent Nos. 6-7. (In Civil Appeal No. 184 of 2005). Civil Appeal Nos. 184-185 of 2005. (From the judgment and order dated 4-1 -2005 passed by the High Court Division in Writ Petition No. 1463 of 2004). ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....minal Appeal No. 6 of 2008) Judgment March 6, 2008. Cases Referred to- ADM, Jabalper vs. Sukla, AIR 1976 (SC) 1207, Harabayashi vs. United States (1943), Solicitor, Government of Bangladesh vs. Syed Sanwar Ali 27 DLR (AD) 16; 1991 BLD (AD) 96 = 43 DLR (AD) 119, 1994 BLD (AD) 184 = 46......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ...... Hossain QC, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents (In Criminal Appeal No. 6 of 2008). Criminal Appeal Nos. 5 & 6 of 2008. (From the order dated 13-12-2007 passed by the High Court Division in Criminal Appeal Nos. 3742 and 4813 of 20......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....osts. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......ution dated 13-1-1993 of the said Committee praying for a declaration that the said order of dissolution dated 13-1-1993 was illegal. During the pendency of the said Other Suit No.11 of 1993 an ad interim order of injunction was passed on 23-2-1993 directing the parties to maintain status quo. D......ed by Zahirul Islam, Advocate-on-Record—For Respondent No. 3. Not represented—Respondent Nos. 2 & 4-19. Civil Appeal No.158 of 2002. (From the judgment and order dated 24-11-1988 passed by the High Court Division in Civil Revision No. 4520 of 1997). ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
.... This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......puty Attorney General with him) instructed by Sufia Khatun, Advocate-on-Record-For the Respondents (In both cases). Criminal Appeal Nos. 24 & 25 of 1999. (From the judgment and order dated 13.05.1999 passed by the High Court Division in Criminal Miscellaneous Case No. 668 of ......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....d order dated 18.11.2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 8896 of 2002 making the rule absolute thereby allowing bail to the respondent in Muradnagar Police Station Case No.8 dated 22.06.2002 under sections 147/148/341/323/307/379/365 and 3......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......in Mahmud, Senior Advocate (Rafiqul Islam Mia, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record-For the Respondent Criminal Appeal No.21 of 2003 (From the judgment and order dated 18.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No.8896 of......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
.... Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by A.K.M. Shadidul Huq, Advocate-on- Record-For the Appellant. Not represented- Respondents. Civil......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......gh Court Division and the lower appellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
.... M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Muinuddin Zulfiquer ............................................Petitioner Vs Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and ot......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....any order as to costs. Ed. ...... value was done on the basis of certain objective basis on consideration of contemporaneous documents to show the international/foreign market prices of the disputed item of import during the interim period between last meeting of the committee and the concerned meeting fixing the tariff va......, 877-880, 1416-1420, 1390, 109, 1099, 1352-1357 of 2002, and 135-138, 289, 765, 868, 288, 620 of 2003 and 214-218 of 2004). Civil Appeal Nos.76 & 77 of 1994 (From the judgment and order dated 15th August 1994 passed by the High Court Division in Writ Petition No. 1104 and 1152 ...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... In that view of this, the appeal is dismissed without any order as to costs. Ed. ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......udgment: Mohammad Fazlul Karim J. - This appeal by leave is directed against the judgment and order dated 12 November 2002 passed by the High Court Division in Civil Revision No.2468 of 2001 di...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
.... Ed. ...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... filed against the judgment of the High Court Division dated January 26, 2003 discharging the Rule obtained in Civil Revision No. 3497 of 1999. The civil revision was filed against the judgment and order of the Court of District Judge, Dinajpur in Miscellaneous Appeal was filed against the order ...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ional District Judge, Lalmonirhat in Miscellaneous Appeal No. 6 of 1999 affirming, with some modification, those of dated 30.11.1998 passed by the learned Senior Assistant Judge, Lalmonirhat Sadar, in Miscellaneous Case No. 53 of 1996 refusing pre-emption. 2. The petitioner, the pre-......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1470 of 2004 (From the judgment and order dated 16th. May, 2004 passed by the High Court Division in Civil Revision No. 3948 of 2002) ......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....on in revisional jurisdiction and obtained the Rule. After hearing the High Court Division discharged the Rule. 5. Leave was granted to consider the submission that the pre-emptor had the knowledge of the purchase by the pre-emptee but he failed to exercise his right of pre-empti......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......Siddiqui, Advocate instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Appeal No. 61 of 2002. (From the judgment and order dated 25.05.1998 passed by the High Court Division in Civil Revision No. 1233 of 1996.) ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....fore the Administrative Tribunal, Bogra for getting financial benefits for the period of his absence from duty from 17-11-1981 to 31-3-1995 and also for a declaration that the Ministry of Finance had no jurisdiction to deny his pay and allowances since the date of his reinstatement in service on...... "Martial Law is not a part of the constitutional scheme of this country. It is an extra-constitutional dispensation. It is a temporary measure, a short-term arrangement. It meets only an interim need. When it leaves, it usually legalises all past actions for purposes of immunity, wi......ahir, Senior Advocate, instructed by Amir Hossain Chowdhury, Advocate-on-Record- For the Appellant. Ex parte-The Respondents. Civil Appeal No. 236 of 2002 (From the judgment and order dated 14-12-2000 passed by the Administrative Tribunal in Appeal No. 51 of 1998). Judg...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....sion (Civil) Present: Md. Fazlul Karim J Amirul K Chowdhury J Md. Joynul Abedin J Commissioner of Customs and others......Appellants Vs. Mohammad Ali................Respondent Judgment April 19, 2007. Cases Referred To- ......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... by Sufia Khatun, Advocate-on-Record— For the Appellants. AKM Shahidul Huq, Advocate-on-Record—For the Respondent. Civil Appeal No.135 of 2004 (From the judgment and order dated 23rd March, 2002 passed by the High Court Division in Writ Petition No.1265 of 2000) ......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....on on false allegations; then different notices were issued asking him to show cause as to why he should not be dismissed from service and he replied to those notices stating that the allegations made against him have no basis at all; but his explanations were not accepted by defendant No.1 and ......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......slam, Senior Advocate (Probir Neogi, Advocate with him) instructed by Ahsanullah Patwary, Advocate-on-Record— For the Respondents Civil Appeal No. 582 of 2001 (From the judgment and order dated 17-8-2000 passed by the High Court Division in Civil Revision No. 2363 of 1998). ......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......Tanjib-ul Alam, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellant (In Civil Appeal No. 34 of 1997). Civil Appeal No. 40 of 2000 (From the judgment and order dated 20-7-1994 passed by the High Court Division in Writ Petition No. 298 of 1987). and ......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....r dated July 17, 2002 passed by the High Court Division in Civil Revision No. 876 of 2002). Judgment Md. Ruhul Amin J. - The appeal, by leave, is by the defendant No.2 (Head Master and Secretary of Nalchity Merchants, High School) against the judgment dated July 17, 20......unsel, upon referring to the word 'obligation' in section 54 of the Specific Relief Act, submitted that the same having been breached by the High School by its activities and, as such, order of ad interim injunction passed by the Court to prevent breach of the obligation existing in favour of th......erchants, High School) against the judgment dated July 17, 2002 of a Single Bench of the High Court Division in Civil Revision No. 876 of 2002 discharging the Rule obtained against the judgment and order dated February 10, 2002 of the 2nd Court of Joint District Judge, Jhalokathi in Title Appeal...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
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