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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. ..

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. ..

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......he company of which the petitioner is a member.  (4) Prejudicial conduct means causing prejudice or harm to the relevant interest.  (5) Unfairness can arise out of a breach of the petitioner's legal rights, i.e. those in the memorandum and articles of associatio..

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...... not show, that prior to the amendment there resided in the respondent, a legal right to the performance of a legal duty by the concerned authority, which the respondent can claim the authority is in breach of. The submission of the learned Counsel that the amended section 7(d) should not receive a ..

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.  ..

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. ..

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. ..

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 ..

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

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. ..

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.   ..

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.  ..

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.  ..

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. ..

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.  ..

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. ..

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: ..

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. ..

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

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  ......ra, the security of BTV, which is a key point installation, is exposed to threat. Thus the respondents, who are under a legal and constitutional obligation to protect national interest, have acted in breach of law and the policy formulated by the government and against the-national interest.  ..

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)

....structed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos.1 & 3. Not represented-Respondent No.2. Civil Appeal No.38 of 1994. (From the judgment and order dated 3.8.1993 passed by the Appellate Division in First Appeal No. 52 of 1990). Judgment ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..

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

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

..... Wahidullah, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. 1 and 3—12. Civil Petition for Leave to Appeal No. 750 of 2002 (From the Judgement and order dated 8th April 2002 passed by the High Court Division in Civil Revision No. 156 of 2002) Judgm......7/100 bags FOB basis. The offer was made valid for October 1998 shipment and the workable letter of credit to reach by 23-10-98 violating the above term of the contract. Because of different heads of breach of the contract filed a final claim for US$ 1,806,816 to such offer and other reasons, the pl..

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