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American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....kistan Supreme Court in a number of deci­sions laid down the case of Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore. The Re­turning Officer, Constituency of the National Assembly of Pakistan and others = (1966 18 DLR (SC) 1, PLD 1966 (SC) 1, elaborated the exte......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... Court Appellate Division (Civil) Present: Fazle Munim J Ruhul Islam J KM Subhan J American Life Insurance Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal ..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ...... Commissioner) (Revenue), who allowed the appeal setting aside the order of Revenue Officer. Subsequently, the plain­tiffs filed an appeal against the order of A.D.C (Revenue) before the Land Appeal Board, which upheld the order of the A.D.C. (Revenue). Thus the Government leased out the suit land ......of Barga and after the enquiry by her servant, she came to know that in her return she wrongly stated 3.06 acres of land in Plot No.544 instead of the suit plot. Hamida Khatun filed a petition to the Revenue Officer for amendment and on 16.10.1979, Miscellaneous Case No. XIII of 1979-80 was started ......sented by the Deputy Commissioner, Dinajpur…………………………………………………………………….Petitioner Vs. Abdul Majid being dead his heirs:Mizanur Rahman (Minor) and others............................................Respondents Order February 27, 2012. ..

Category: Property Law | Date: | Hits: 93

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....etitioner, Abeda Chowdhury, under section 138 of the Negotiable instruments Act 1881 stating that the complainant Bank upon an application of the accused petitioner allowed the petitioner's com­pany National Cold Storages Ltd. to pay its out­standing dues of Taka 94.02 lakh as interest free loan a......Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Abeda Chowdhury..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 Resu..

Category: Criminal Law | Date: | Hits: 113

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......t all other affairs. On 19-2-72, however, the Secretary of Industries suspended the appointment of Mr. Salam as Administrator and directed the ap­pellant company to be administered by a Ma­nagement Board. The appellant filed an ob­jection under Article 15 of the Bangladesh Abandoned Property (Dis......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......l authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...

Category: Property Law | Date: | Hits: 79

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......r leave preparatory to retirement in December, 1972 and while he was awaiting for the result of the application, he received a Memo dated 12.1.73 from the Chief Enquiry Officer of the First Screening Board asking him to furnish property statement of the last five years of his own and of his family, ......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......cord - For the Appellant. Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent. Civil Appeal No.147 of 1978. (From the judgment and order dated 24.2.71 passed by the High Court in Writ petition No.22 of 1974). Judgment Bad..

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......id name sue and be sued. Article 4 de­tailed the function of the Corporation and Article 5 mentioned the authorised share capi­tal of the Corporation. Article 8 provided for the constitution of the Board and Articles 9-19 dealt with the powers, functions, etc. of the Board. Article 26 (e) provided......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......Bangladesh Biman Corpo­ration………………………Appellant (both the Appeals) Vs. Chowdhury Mohammad Yusuf………………………Respondent (In Ap­peal No.24 of 1979) M.A. Rouf and another………………………Respondents (In Appeal No.25 of 1979) Judgment May 4, 1..

Category: Employment/Service Law | Date: | Hits: 123

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......ful possession of the land after reclaiming and improving the same at a huge cost. In 1969 the manage­ment of the Ramgarh Tea Estate was taken over by the Government of Pakistan under memo No.7(162)-Board/69 dated 4-12-69 as an enemy property. After liberation of the country the management of the T......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......1963) provides as follows: "26. In section 93 A of the said Act,— (i) for sub-section (1), the following shall be substituted, namely— "(1) When any immovable property is required by the Board for carrying out any of the purposes of this Act, the Provincial Government may direct the Dep......ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......s Case is also Reported in: 63 DLR (HD) (2011) 85. ..

Category: Property Law | Date: | Hits: 106

Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)

....the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......85. By quoting the relevant provisions i.e. Rule 7(2) (c) and Rule 10(9) of the Government Servants (Discipline & Appeal) Rules, 1985 the Appellate Tribunal observed that in this case the Enquiry Board was formed in violation of the said rules. The Appellate Tribunal also opined that the above p......the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh pre­sented by the Secretary, Ministry of Agriculture and others.....................................Petitioners Vs. Md. Khorshed Ali Talukder........

Category: Administrative Law | Date: | Hits: 263

Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15....... of 'Basic Apparels Limited' upon obtaining necessary permissions from the Government of Bangladesh in 1989. In recognition of his establishing such a joint venture, of which he is a shareholder, the Board of 'Investment' on 31.5.89 issued a letter recognising his stay in Bangladesh as an Investor a......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......man J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others………………………Respondents Judgment November 30, 1994. Result: The..

Category: Criminal Law | Date: | Hits: 200

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......of. Under section 10 of the Act in case of any order either under section 3 (1) or under section 3(2) of the Act, Government shall within 120 days from the date of detention place before the Advisory Board the grounds on which the order has been made and the representation, if any. Section 11 thereo...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..

Category: Criminal Law | Date: | Hits: 86

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......is Case is also Reported in: 30 DLR (AD) (1978) 58. ..

Category: Criminal Law | Date: | Hits: 115

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ...... municipal as well as in non-municipal areas. But at that time the function of local Government was given to such institutions as were newly constituted in the villages only, which replaced the Union Boards and came to be known as Union Councils. In municipal areas, these institutions came to be kno......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ..

Category: Property Law | Date: | Hits: 114

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......t was pending, there were negotiations for an amicable settlement of the dispute between the petitioners and respondent No. 3 by rescheduling the loan liabilities of the petitioners. As a result, the Board of Directors of the respondent No. 3 approved the terms and conditions for the settlement of t...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......e is also Reported in: 15 BLC (HCD) (2010) 34. ..

Category: Civil Law | Date: | Hits: 121

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......”. 15. In the service book, it has been stated in no uncertain terms that the petitioner passed the S.S.C. examination in 1965 from Areal Swarnamoyee High School, Tongibari, Munshigonj under the Board of Intermediate and Secondary Education, Dhaka and was placed in the 3rd Division. Therefore, ......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......bdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The Chairman Bangladesh Forest Industries Development Corporation (BFIDC) and another…………………..Appellants Vs. Md. Hatem Ali and others…………………..

Category: Employment/Service Law | Date: | Hits: 739

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

....he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ...... petitioner No.1 failed to make any profit, Bhaiya Group of Industries negotiated with the Swedish Match and purchased its entire 70% shares in writ petitioner No.1-company. (i) On 10.08.2010, the Board of Directors of writ petitioner No.1-company passed a resolution to issue right shares with a ......he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others.................Petitioners Vs. Dhaka Match Industries Co. Ltd. and others...........

Category: Civil Law | Date: | Hits: 131

Chief Engineer, the Local Government and Engineering Department Vs. Sanjoy Kumar Halder and others, 2011, 40 CLC (AD)

....circular dated 03.07.1997 under Memo No.Omo/Obi/development:-1/Misc.-52/96/320, the Ministry of Finance itself had converted the pay of many personnel of development projects from consolidated to the National Pay Scale. In the instant cases, a contrary decision was made causing grave prejudice to th......g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka....................Peti..

Category: Others | Date: | Hits: 172

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......asis of the earlier joining letter and this letter dated 20-7-94 is annexed as Annexure-17 to the affidavit-in-reply. On 3-8-94, BSC informed the petitioner that the matter is being placed before the Board for a decision which was never placed despite several meetings held and this letter is annexed......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Mozammel Haque J Md. Hassan Ameen J Raquibuddin Ahmed.......................Petitioner Vs. SAM Iqbal and another...........................Opposite Party Judgment August 6, 1997. Result: Th..

Category: Others | Date: | Hits: 142

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186.......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186....... Gopal Saha J Dayal Chandra Mondal and others..........................Petitioners Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others....................Opposite Parties Judgment November 3, 1997. R......Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186...

Category: Property Law | Date: | Hits: 111

Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)

....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......ant Commissioner took notice of the facts that the commission had been waived for a period of five year as a gesture of good will. He took notice of the resolution that was passed at a meeting of the Board of Directors of the assessee-company held on 15.7.59. The Appellate Assistant Commissioner obs......ay under section 15-BB of the Act and in the two other concerns the assessee company was "directly interested." No income was, in fact, received by the assessee company and it was not the case of the Revenue also that such income had actually been received or deemed to have been received by the asse......mp; Co. Ltd. Vs. Commissioner of Income Tax, (1960) 39 I.T.R. 706; Puna Electric Supply Company Vs. Commissioner of Income Tax, (1965) 57 I.T.R. 521; Commissioner of Income Tax Vs. Shuroji Ballav Das and Company, (1962) 46. I.T.R. 144; Commis­sioner of Income Tax Vs. Chamanlal Mangaldas Co., (1956)..

Category: Fiscal/Taxation Law | Date: | Hits: 124