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Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... 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. ...... - This appeal by leave is directed against the judgment and order dated 14-12-2000 passed by the Administrative Appellate Tribunal in AAT Appeal No. 51 of 1998 dismissing the appeal. 2. The case of the appellant, in short, is that he joined as Technical Inspector of Food on 28-7-1981. Whi..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....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. ......tte Notification dated 19-5-1999 in exercise of power under section 25(7) of the Customs Act, 1969 such tariff value shall be the basis of assessment of duty and other taxes as has been held in the case of Bangladesh Vs. Mizanur Rahman reported in 52 DLR (AD) 149. 4. Mr. MA Azim Khair, lea..Category: Business or Commercial Law | Date: | Hits: 99
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... names and on the strength of that wrong entry they threatened the plaintiff with dispossession. Hence the plaintiff-respondent filed Title Suit No.151 of 1967. 4. The defendant petitioners' case is that Gopali Bala Dasi, the wife of Hajarilal Mondal, made an oral exchange of the suit pro..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......rt Division and obtained Rule in Civil Revision No. 2363 of 1996 but, in the meanwhile, the defendants filed written statement on 18-5-198. The High Court Division, after hearing, relying upon the case of Fazlul Huq vs Md. Tahed Ali reported in 47 DLR 326, discharged the Rule holding that the ti..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....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. ......ived the impugned Memo No.Shilpa/Dairy No.037/DT-2-/87/3028 dated 27-5-1987 intimating that the company in question and another company would not be released to its shareholders as it was done in the case of Messrs Bella Artifitex Industries Ltd. because the Government decided to disinvest these two..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... 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. ......d the plaintiff has failed to establish that the High School was admitting girl students in violation of the law, rules or regulations. The trial Court also held that the plaintiff has no arguable case and the balance of convenience and inconvenience is not in favour of the plaintiff and th..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ...... 1-6-2000 the appellant was dismissed from service. The respondent No.1 thereafter filed departmental appeal which was also rejected on 16-9-2000. 3. The respondent then filed the aforesaid case before the Administrative Tribunal, Dhaka which was contested by the appellant and others. The..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......y any interest on the principal sum of Tk. 50,226.70 as claimed by the respondent Sonali Bank, (plaintiff—decree-holder) and decreed on admission by the defendant—appellants. 2. Facts of the case, briefly, are that the respondent filed Money Suit No. 21 of 1978 on 18.8.78 in the Second Co..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
.... with the Revisional Application, but neither of these mandatory requirements was complied with. The learned counsel contends that though it is a technical objection but the objection goes to the root of the matter and as such the objection must be given effect to. In support of this contention ......7 of 1981 in respect of TS No. 293 of 1977. Both the appeals were disposed of by the learned Subordinate Judge by a common judgment dated 21 November 1982. Both the appeals were dismissed; but in the case of TA No. 37 of 1981, the decree was conditional, that is, the plaintiff of the suit (appella..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......nsidered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte decree for the first time on 20.7.1981. the miscellaneous case having been filed on 05.08.1989, the same was not barred by limitation……………………(..Category: Procedural Law | Date: | Hits: 116
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ...... time taking advantage of the interim bail. In a matter like this the State, in particular, the Deputy Attorney-General, should take steps for early hearing of appeals. In the circumstances of this case, we are not inclined to continue the ad-interim bail for indefinite period. We, however, direct..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......tion involves questions relating to a commercial transaction in respect of which a writ petition is not maintainable; infringement of any fundamental right, as alleged, is not involved in the present case and, as such, the writ petition is also not maintainable; the respondent No.1 filed the writ pe..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......partment of Environment is to take measures and to give necessary directions to any person to conduct drinking water quality surveillance programmes and submit report and advice or, in appropriate cases, direct, every person to follow the standard of drinking water (Section 4(2) (h), Act) ..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ...... the judgment dated January 3, 1988 of the Court of Settlement in Case No. 119 of 1987 (Kha-145-Tinshed Colony, Block-D) Quarter No. 169 (Holding No. 38), Tinshed Colony, Mohammadpur, Dhaka. The said case was filed challenging the listing of the property in the 'Kha' list and publishing thereof in t..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......g respondent No.5 or depriving the writ-petitioner in any respect and, as such, the amendment of 1986 relating to Recruitment Rules, 1980 cannot be consider malafide and the writ petitioner had no case to challenge the schedule as stands after the amendment of 1986 of the Recruitment Rules of 19..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......hould generally be granted against co-owners as all co-owners retain rights over every inch of the land until the same is partitioned by metes and bounds but injunction can be given in appropriate cases where de facto partition for a recognisable period of time having been in existence through i..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ...... No. 477 of 2005) Prime Edible Oil Ltd. & another........Petitioners (In Civil Petition No. 478 of 2005) Vs. Md. Mostafa Kamal & others........Respondents (In both the cases) Judgment May 17, 2006. Lawyers Involved: Mahbubur Rahman, Se..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......such goods' refer not to the confiscated goods, but the declared goods in any of the Customs papers, where a false declaration has been made. The cited decision are not all relevant to the present case except two, one, Bal Kissan Vs. Collector of Customs, AIR 1959 Calcutta 533, and the other Pal..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... ‘subletting’ within the meaning of the State Acquisition and Tenancy Act. According to the learned Counsel, the provisions of section 75A of the Act are attracted only in the case of an agricultural and horticultural holding and as the disputed property was a residential ho..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......72) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for giving fal..Category: Criminal Law | Date: | Hits: 74
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