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Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD

.... The Bangladesh Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10   20 % interest on the tax paid to the government from the date of unauthorized occupation till the date of restoration of possession is omitted. The rent act......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

.... AKM Khalequzzaman Advocate‑on‑Record‑For the Respondent.   Civil Petition for Leave to Appeal No. 1370 of 2002.   (From the judgment and order dated 8th June 2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 46 of 2000)......   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ......   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....9; For Respondent Nos. 1‑ 7. Not represented‑Respondent Nos. 8‑13. Civil Petition for Leave to Appeal No. 1382 of 2002. (From the judgment and order dated 4 December 2001 passed by the High Court Division in Matter No. 151 of 1997). Judgment......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

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

.... the Appellants. Abdur Razzaq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑ Record‑For the Respondent. Civil Appeal No. 51 of 2002. (From the judgment and order dated 9‑11‑2000 passed by the High Court Division in Writ Petition No. 5233 of 2000). Judgm......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ..

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

Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).

..... Ahsanullah Patwary, Advocate‑on­-Record‑For the Respondent.   Criminal Appeal No. 23 of 1999.   (From the judgment and order dated 19‑2‑1998 passed by the High Court Division in Criminal Appeal No. 20 of 1992). ......urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ......urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 80

Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)

....instructed by Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No.1 Not represented ‑ Respondent No. 2. Civil Petition for Leave to Appeal No. 695 of 2002. (From Judgment and order dated 21‑1‑2002 passed by the High Court Division in First Appeal No. 122 of 1992). Judgment ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 147

Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)

....m Bhuiyan, Advocate-on-Record- For the Respondents. Civil Appeal No. 315 of 2001. Judgment Md. Ruhul Amin J.- This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No.2417 of 1996......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..

Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92

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

....h him) instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioner. Not represented‑ The Respondents. Civil Review Petition No. 47 of 2000. (From the judgment and order dated 3Gth April 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 44 ......s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ......s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ..

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

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

....ior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Respondent.   Civil Appeal No. 98 of 1999.   (From the Judgment and order dated October 26, 1998 passed by the Administrative Appellate Tribunal in Appeal No. 9 of 1998) ......peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ......rtment and that also without bringing to the notice of the higher authority principles of purchase as were in the Memo dated July 29, 1985 of the Ministry of Finance and that received current account cheques instead of bank draft or pay order from the bidders and, as such, committed gross negligence..

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

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

.... whether to discharge the accused under section 265C or to frame charge under section 265D or to record the plea of guilt by the accused under section 265E. There is no question of fixing separate date for taking step under section 265C after the opening of the case under section 265B…&he......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..

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

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

....Deputy Attorney‑General, instructed by Sufia Khatun, Advocate‑on‑ Record‑For the Respondent. Criminal Appeal No. 20 of 2002. (From the judgement and order dated 4th June, 2001 passed by the the High Court Division in Criminal Revision No. 1965 of 1997). ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ..

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

Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

....llants. Not represented‑Respondent Nos. 2‑38.   Civil Appeal No. 13 of 2001.   (From the judgment and order dated 24‑5‑2000 passed by the High Court Division in FA No. 213 of 1996). &......ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

.... Not represented‑Respondent Nos. 4‑268.   Civil Petition for Leave to Appeal No. 1378 of 2002.    (From the judgment and order dated 25th August, 2002 passed by the High Court Division in First Miscellaneous Appeal Tender No. 5......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

....pellant.  Abdus Salam Khan, Senior Advocate, instruct­ed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No.88 of 1999. (From the Judgment and Order dated July 23, 1999 passed by the High Court Division in Civil Revision No. 2118 of 1993) Judgm...... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

...., Advocate‑on‑Record‑For the Respondent (In Civil Appeal No. 97 of 2000).   Civil Appeal Nos. 97 and 98 of 2000.   (From the judgment and order dated 21st June 1999 passed by the High Court Division in First Appeal No. 371 of 1996). &nbs......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....eal against the impugned judgment and order of the High Court Division making the Rule absolute declaring the impugned order passed by the petitioner No. 2 vide Memo No. Prasha/10/P‑22/5/77/913 dated 12‑11­-1995 as issued without any lawful authority and of no legal effect.  ......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

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

....€‘For the Appellants. Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 28 of 1997. (From the judgment and order dated 13th August 1992 passed by the High Court Division in Matter No. 34 of 1989). Judgment ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......to be secured from the bank against the said papers. He also gave an undertaking in writing to that effect on that day by way of assurance for payment of the share of profits and also gave an undated cheque being No. 481‑621 for Taka 5,00,000 (Taka five lac) only in favour of respondent No.1 givin..

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

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

.... with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 263 of 2001. (From the judgment and order dated 5th November 2000 passed by the Administrative Appellate Tribunal in Appeal No. 46 of 1999). ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)

....n stated in the petition of complaint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md Anwarul Islam. The Attorney of Md Anwarul Isl...... in favour of Md Anwarul Islam. The Attorney of Md Anwarul Islam presented the said cheques for encashment at different times spreading over a period of 6 months, but every time the said cheques were dishonoured since there was no amount in drawer's account or that the drawer had stopped the payment......e Instruments Act.  3. It has been stated in the petition of complaint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md ..

Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326

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

.... Not Represented—Respondent Nos. 1-3, 9-11. (In Civil Review Petition No. 80 of 2002).  Civil Review Petition Nos. 79, 78 & 80 of 2002 (From the judgment and order dated 2-7-200 by the Appellate Division in Civil Petition Nos. 504, 510 and 617 of 2002  ......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......iginal memo (Annexure-'C) of the same date issued by the Ministry of Finance, by which ETV was exempted from paying hourly charge of Taka 1200 or Taka  1800 thus  depriving the Government exchequer from  huge  amount money every year.  9. The further case is that thou..

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