Search Options
Judgment Advanced Search
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
.... construe the provisions of the Administrative Tribunals Act and the provision of section 29(2) of the Limitation Act, 1908 and that consequently the High Court Division has fallen into an error of law in not excluding the period spent in the prosecution of the writ petition as well as the civil......tribunal that section 14 of the Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every suit instituted, appeal preferred and application made after the period of limitation prescribed therefor by the First Schedule shall......Advocate-on-Record- for Respondent No. 1. Not represented—Respondent No. 2 Civil Petition for Leave to Appeal No. 643 of 1999 (From the judgment and order dated 1999 passed by the Administrative Appellate Tribunal in appeal Case No. 51 of 1996). ..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....of the 1982 Ordinance. 6. For the aforesaid reasons we do not find any merit in the submissions of Mr. Khandker Mahbubuddin Ahmed that the High Court Division instructed committed error of law in holding that section 12 of 1982 Ordinance does not apply to the land requisitioned under sec......upreme Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. ......nt No. 3. (In both the cases). Not represented— Respondent Nos. 1, 2 and 4-6. Civil Petition for Leave to Appeal Nos. 1236 & 1243 of 1999. (From the Judgment and order dated 11.08.1999 passed by the High Court Division in Writ Petition 2921 of 1998 and 1579 of ..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....ed constituted attorney, challenging the memorandum No. LA Req/89 dated 19 December 1989(Annexure E) and also the inclusion of the property in the list abandoned properties as having been made any lawful authority. 6. Briefly stated, the facts of the case as set out in the writ petitio......late Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh and another ………………Appellants Vs. Habib Zamil &......i, Senior Advocate (HR Sharif Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 53 of 1997. (From the judgment and order dated 12 June 1994 passed by the High Court Division in Writ Petition No. 1853 of 1989). ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... measure for a limited purpose of investigation and interferes with the right of a citizen to -be secured in his home against entry, search and seizure provided such acts are conducted and done in lawful manner………..(6) Lawyers Involved: Mahbubey ...... (Civil) Present: Latifur Rahman CJ A M Mahmudur Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. ......ate-on- Record — For the Petitioners. Not Represented-For the Respondent. Civil Petition For Leave to Appeal No. 261 of 1993. (From the Judgment and order dated 12 January, 1993 passed by the High Court Division in Writ Petition No. 2394 of 1992)...Category: Constitutional Law | Date: | Hits: 170
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....dustrial Relations Ordinance, 69 and that those cases were not on “settlement” but “award” and thereby this Division completely misunderstood and misinterpreted the relevant law on the basis of which those cases were decided. Further ground for review is that the main poin...... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Zenith Packages Limited ……………….Petitioner Vs. Member Labour Appellate Tribunal Dhaka and others ………….Respondent Judgment May 28, 2000. The...... Ali, Advocate-on-Record—For the Respondent No. 3. Not represented—For Respondent Nos. 1 & 2. Civil Review petition No. 1 of 2000. (From the Judgment and order dated 23-8-1999 passed by this Division in Civil Petition No. 714 of 1999). ..Category: Labour and Industrial Law | Date: | Hits: 127
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....pany did not pay the entire outstanding dues of Pubali Bank within the specified time and that the impugned letter of the Bangladesh Bank could not, therefore, be said to have been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed.......137. ......n, Advocate-on-Record—For the Respondent Nos. 1 & 2, Not represented—Respondent Nos. 3 & 4. Civil Petition for leave to Appeal Nos. 724 and 726 of 1999. (From the Judgment and order dated 10 May 1999 and 19 July 1999 passed by the High Court Division in Writ Petition Nos. 338..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
.... enhanced sales tax and customs duty on enhanced tariff value and cleared the goods on 6-6-90. His case is that he paid an excess amount of Taka 6,36,032.00 on an enhanced tariff value although in law the imported goods were liable to be assessed on the basis of the tariff value as contained in ......Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants Vs. Mizanur Rahman…………&helli......1969 (IV of 1969), sections 33, 193 & 196 (ii) The writ petitioner having released the imported goods on payment of assessed duty and having neither preferred an appeal against the order of assessment under section 193 of the Act nor filed any application for refund of the alleg..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
.... 8, 1999. The Bangladesh Public Service Commission (Consultation) Regulation, 1979, Regulation 9 In passing order of compulsory retirement there was no violation of any provision of law and consultation with the Public Service Commission was not required as the petitioner was not ...... Abdul Khaleque (Md)………………………….. Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others&hell......; June 8, 1999. The Bangladesh Public Service Commission (Consultation) Regulation, 1979, Regulation 9 In passing order of compulsory retirement there was no violation of any provision of law and consultation with..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....e is nil. In these circumstances the accused appellant has been convicted on a gross and perverse mis-evaluation of the facts and circumstances of the case and upon a palpable misapplication of the law of circumstantial evidence. 6. After discussing the evidence of the witnesses and co...... Judgment April 2, 2000. The Evidence Act, 1872 (1 of 1872), Section 5 The Penal Code, 1860 (XLV of 1860), Sections 302/109 Calling and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half...... B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate on-Record—For the Respondent. Criminal Appeal No. 13 of 1999. (From the judgment and order dated 6-8-1998 passed by the High Court Division in Criminal Appeal No. 2439 of 1995). ..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....ip;…………… Respondents Judgment: April 26, 2000. Natural Justice, Service Matter The order of removal having not been made by following the law and without giving the plaintiff any opportunity to show cause subsequent approval of the same ......adul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others……………………………&h......rs……………………………… Respondents Judgment: April 26, 2000. Natural Justice, Service Matter The order of removal having not been made by following the law and without giving the plaintiff any opp..Category: Others | Date: | Hits: 84
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......Novartis Foundation for Sustainable Development………………………….. Petitioner Vs. RK Ruma, General Secretary, BIKASH and others……………………… Respondents ......ution and it is upon the writ- petitioner to proceed with the case or not. Order for discharge for non-prosecution ought not to have been made by another Division Bench in view of the fact that an order for inquiry was pending as per the order of another Division Bench……..(5) ..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... below to the effect that the deed in question is a mortgage deed and wrongly held that the deed is an out and out sale deed. (4) Whether the learned Single Judge misconceived the relevant law governing the suit for redemption of mortgage and erroneously reversed the judgment of affirma...... Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment Febr......andaker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Respondents. Civil Appeal No. 8 of 1998 (From the Judgment and order dated 21 -4-93 & 2-9- 89 passed by the High Court Division in Civil Revision No. 742 of 1..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....ider can ever be eligible to be elected as Director of the Bank in spite of having duly qualified shares unless the Board of Directors recommends his case, which goes against the concept of company law as well as principle of franchise. 14. Following submissions of the Caveator were allo......on (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Kazi Ebadul Hoque J ASF Rahman and another…………………. Appellants Vs. ...... Md. Nawab Ali, Advocate- on-Record — For Respondent No.1 Not represented — Respondent Nos. 2 and 3. Civil Appeal No. 115 of 1999. (From the judgment and order dated 25-08-1999 passed by the High Court Division Dhaka in Matter No. 108 of 1997). ..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....lauses Act, 1897 (X of 1897), Section 6 The Bangladesh Steel and Engineering Corporation Employees Service Regulations, 1989, Regulations 42(8) It is well settled that any procedural law is retrospective in its operation. A subsequent omission by way of amendment of a procedure can......M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Chowdhury Nasimul Baqui…………….Appellant Vs. Bangladesh Steel and Engineering Corporation& others………….Respondents Judgment&......cate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. Ex Parte — The Respondents. Civil Appeal No. 3 of 1999. (From the judgment and order dated 30 April 1998 passed by the High Court Division in Writ Petition No. 1857 of 1994). ..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....instant case, there has been no failure on the part of the defendants to comply with any order of the court to answer interrogatories. The High Court Division has, therefore, committed no error of law in upholding the order of the Subordinate Judge refusing to strike out the defence. Thi...... Bikash Roy Choudhury J A M Mahmudur Rahman J Bisheswar Bhattacharjee…………………Petitioner Vs. Shantimoy Bhattacharjee and others………………… Respondents Judgment ...... Ali, Advocate-on-Record Respondent Nos. I & 2. Not represented — Respondent Nos. 3-19. Civil Petition for Leave to Appeal No. 263 of 1999. (From the judgment and order dated 24 August 1998 passed by the High Court Division in FMA No. 27 of 1997. Judgment:..Category: Procedural Law | Date: | Hits: 97
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abdus Sattar and others………………….Petitioner Vs. I...... Md Wahidullah, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Petition for Leave to Appeal No. 812 of 1999 (From the judgment and order dated 16-05-1999 passed by the High Court Division in First Appeal Tender No. 83 of 1999). ..Category: Business or Commercial Law | Date: | Hits: 115
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others………………. Petitioners Vs. Deputy ......wab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 860 of 1999. (From the judgment and order dated 6 May 1999 passed by the High Court Division in Civil Revision No. 3216 of 1997). ..Category: Property Law | Date: | Hits: 59
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... 1972, Article 102 A person in the service of the republic will be required to seek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases Referred to- Md. Abdul ...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. ......Hossain, Advocate-on-Record— For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 457 of 1999. (From the judgment and order dated 24 November 1998 passed by the High Court Division In Writ Petition No. 647 of 1998). ..Category: Constitutional Law | Date: | Hits: 151
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......ision (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Sudangshu Jaladash and others…………………. Petitioners Vs. ......-on-Record — For the Respondents. Not represented — Respondent Nos. 36-40. Civil Petitioner for Leave to Appeal Nos. 535 and 536 of 1999 (From the judgment and order dated 22-04-1 999 passed by the High Court Division in Writ Petition Nos. 4598 of 1997 and 24..Category: Property Law | Date: | Hits: 71
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....ccess. 5. Mr. Abdul Malek, learned Advocate for the petitioners, submitted that there being no legal evidence on record the impugned judgment and order of the High Court Division is bad in law and that the learned Judges of the High Court Division having had discarded the confessional s......iminal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdul Hashem (Md) @ Bachchu Fakir and others…………….……………..Petitio......b Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 72 of 1998. (From the judgment and order dated 24-11-97 passed by the High Court Division in Criminal Appeal No. 1159 of 1983). ..Category: Criminal Law | Date: | Hits: 64