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AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)

....nbsp;            AKM Ali Imam......................................Petitioner   Vs.   DG, Bangladesh Agricultural Research Institute & another....................Respondents   ......There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ......ative Tribunals Act, 1980 (V of 1981), Section 4   The Administrative Tribunals Rules, 1982, Rule 7   The execution case was dismissed on the ground that the order passed by the Tribunal was declaratory without any direction for reinstatement and as such th......There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ..

Category: Administrative Law | Date: | Hits: 104

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

.... Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa Bank Bhaban, 17-18 Floors, 8, RAJUK Avenue, Motijheel, Dhaka-1000 and......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......ts. Judgment   April 30, 2006. IFIC Bank Service Rules, Rule 30.02 Item 6 On the face of the admitted fact that the petitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liab......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 78

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

..... ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......21 & 23) Section 14 A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put as express embargo in entertainment of any suit or application against any order or action under the Act. So, embargo embodied under section 44 of the Ordinance 1992 has clos....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 77

M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)

....no merit in this petition and accordingly, it is dismissed. Ed. ......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......ioners Not represented- Respondents Judgment 27 October 2002. Lawyers Involved: Civil Petition for Leave to Appeal No. 825 of 2000. (From the judgment and order dated 07-08-2000 passed by the High Court Division in Writ Petition No. 4063 of 2000). ......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 120

Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)

....umstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......p; A. K. M. Shahidul Huq, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.3-5   Civil Appeal No.103 of 1999 (From the judgment and order dated 15.04.1999 passed by the High Court Division in Writ Petition No.2918 of 1998) J......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 178

Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

......Petitioner Vs. Biswajit Chandra (minor) & others……….........Respondents. Judgment 11 February 2004 Lawyers Involved: A. J. Mohammad Ali, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner &n......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ......e Petitioner      A.S.M.Khalequzzaman, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No.30 of 2002. (From the judgment and order dated 21.10.2001 passed by the High Court Division in Civil Revision No.80 of 1996.) J......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ..

Category: Property Law | Date: | Hits: 51

Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)

....llant No. 1. Ed.......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......by leave is against the judgment dated May 28, 1998 of the High Court Division in Civil Revision No.364 of 1996 making the Rule absolute. The revisional application was filed against the judgment and order dated November 13, 1995 of the Arbitration Appellate Tribunal. Dhaka in Arbitration Appeal No.......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...

Category: Property Law | Date: | Hits: 58

Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)

..... ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......y, Advocate-on-Record- For the Petitioners    Not represented- For Respondent  Civil Petition for Leave to Appeal No. 1605 of 2001. (From the judgment and order dated 29-04-2001  passed by the High Court Division in Writ Petition No. 729 of 1990). ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 42

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....ourt Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......tion of the said order the Secretary directed suspension of the respondent from service with effect from 1.6.95, though he served after reinstatement in service for more than six months during the interim period. This action of the Secretary, Ministry of Social Welfare is out and out illegal one......nts     T.H. Khan, Senior Advocate, instructed by Khaled Ahmed, Advocate-on Record- For the Respondent Civil Appeal No.283 of 2002 (From the judgment and order dated 301 November 2000 passed by the Administrative Appellate Tribunal in Appeal No. 1 of 2......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 124

Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)

....accordance with law. Ed. This Case is also Reported in: ......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants.     Ex parte- For the Respondents.  Criminal Appeal No. 35 of 2000   (From the judgment and order dated 8th March 2000 passed by the High Court Division in Criminal Miscellaneous Case No.2154 ......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 50

A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)

....24. In view of the discussion made above, the petition is dismissed. Ed. ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......n-Record- For Respondent No. 1   Not represented-For Respondent Nos. 2-6    Civil Petition for Leave to Appeal No.993 Of 2004 (From the judgment and order dated 12.05.2004 passed by the High Court Division in Writ Petition No. 1372 of 2001.) ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 121

Messers Chemico Laboratories Ltd. Vs. Government of the People's Republic of Bangladesh, 2006, 35 CLC (AD)

....Md. Tafazzul Islam J Messers Chemico Laboratories Ltd. represented by its Chairman of Tikapara Ghoramara Rajshahi...................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Finance Internal Resources Division and others............ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ......ith him) instructed by AKM Shahidul Huq, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 835 of 2004. (From the judgment and order dated 08.05.2004 passed by the High Court Division in Writ Petition No.2113 of 2004). Judg......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)

....d. Ed. ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ....... Wahidullah, Advocate-on-Record- For respondent No. 4.   Not represented- Respondent Nos. 1-3. Civil Petition for Leave to Appeal No. 705 of 2005 (From the judgment and order dated 16.05.2005 passed by the High Court Division in Writ Petition No.3179 of 2005). ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..

Category: Election Law | Date: | Hits: 120

Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....t: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Arnirul Kabir Chowdhury J Md. Saifur Rahman Emam................. Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development, Banglades......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......onal Attorney General, instructed by Mr. A.S.M. Khalequzzaman, Advocate-on-Record- For the Respondent  Civil Petition for Leave to Appeal No. 337 of 2006. (From the judgment and order dated 20.03.2006 passed by the High Court Division in Writ Petition No. 2476 of 2006.) ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..

Category: Election Law | Date: | Hits: 119

Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)

.... represented by its Managing Director and others….…… Respondents Judgment July 31, 2005. Result: The appeal is dismissed. Cases Referred to- Union of India and another vs. Ladulal Jain AIR 1963 SC, 1681. M/s. Anwar and Brothers vs. Bangladesh Shipping Corporation (1995) 15......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......uhul Amin J.- The appeal by the plaintiff is against the judgment dated August 27, 1996 of the High Court Division in First Appeal No. 211 of 1996 allowing the same. The appeal was filed, against the order dated November 5, 1995 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..

Category: Civil Law | Date: | Hits: 130

Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)

.... Mainur Reza Chowdhury J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J Md. Shafique Ahmed........................................ Petitioner Vs Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others&......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......-on-Record-- For the Petitioner Not represented-For the Respondent Civil   Review   Petition   No. 32   of 2000. (From the judgement and order dated 12th March 2000 passed by this Division in Civil Petition for leave to appeal No. 645 ......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ..

Category: Others | Date: | Hits: 106

Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)

....d. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......mdash; For the Petitioner. Not represented- For the Respondents.       Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 passed by the High Court Division in Civil Revision No. 863 of 2000......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 54

Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)

....re dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ...... Order No. 69 of 1972 became inoperative on the promulgation of the Consti­tution of Bangladesh with effect from 16th December, 1972. The Court hearing the parties rejected this contention and by an order allo­wed the application whereupon the proceeding of the suit abated. The appellant moved the......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 106

Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)

....on under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......dvocate-on-Record—For the Appellant. Not represented-The Respondent. Civil   Appeal   No. 79   of   1977. (From the judgment and order dated 31 5.1973 passed by the High Court Division in Income Tax Reference Case No. 7 of 1970......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 76

Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)

....aimed exclusive ownership of suit premises. He further stated that the original monthly rent was of Tk. 35/- but was subsequently raised to Tk. 37.50 paisa by the House Rent Controller The tenant had stopped payment of rent after Agrahayan 1371 B.S. 4. The defence of the tenant was a cha...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ...... to vacate the premises within two weeks from the date of judgment; in default the Appellant will get vacant possession. 5. The tenant moved the Dhaka High Court in revision challenging the order of ejectment. The revision was heard by a Single Judge of the High Court. The learned Judge f...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 44