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Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)

....that the High Court Division erred in law in not appreciating that the 'officers' and 'employees' of the petitioner-corpora­tion are defined by its own Recruitment Rules, 1985 as gazetted and not by National Pay Scale, 2005, for government servants and as such the respondents being officers are not......k. 1,000/- is to be deposit­ed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......k. 1,000/- is to be deposit­ed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......C (2011) 508...

Category: Employment/Service Law | Date: | Hits: 85

Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)

....ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......aintiffs dismissal order passed by the defendant No.2 communicated vide Memo No. 98/5/(7)/(1) dated 05.05.1998 was collusive, void, ineffective, illegal and violative of the Rules of Madrasha Shikkah Board Regulations and the same is not binding upon the plaintiff. 3. The petitioner hereof is the......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......srat Dhulia Dakhil Madrasha, Sayedpur Police Station Sayedpur, District- Nilphamari……………………………………………………………………Petitioner Vs. Md. Rafiqul Islam and another ................................Respondents Order April 28, 2011. Result: Le..

Category: Employment/Service Law | Date: | Hits: 55

Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)

....earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ...... Appellate Division (Civil) Present: Shah Abu Nayeem Mominur Rahman J Md. Abdul Wahhab Miah J Continental Traders (BD) Ltd..................................Petitioner Vs. Co. and GE Sea Services Ltd & others .....................Respondents Order May 8, 2011. Re..

Category: Admiralty Law or Maritime Law | Date: | Hits: 338

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ...... also Reported in: 45 DLR (HCD) (1993) 601. ..

Category: Property Law | Date: | Hits: 89

Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)

....legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598....... G. The appeal was not allowed by the respondent and the petitioner was informed, inter alia, by a letter under Memo No. HO/P‑13/79/687 dated 5.6.86 as follows: “………………………The Board did not find any point in your appeal to review the order of the Chairman and, as such, the ap......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......emo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The..

Category: Employment/Service Law | Date: | Hits: 177

James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)

....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......ct and also section 29(i)(xxvii) of the Ordinance regarding deductibility of any expenses. James Finlay PLC has been incorporated in the UK. Its head office is in West Niles, Glasgow. The seat of its Board of Directors is there. So, the company is controlled from the UK. True, it carries on its Bang......its effective management is in the hands of the executives in Bangladesh so far its Bangladesh business is concerned. 6. Mr. Dabiruddin Ahmed, the learned Deputy Attorney-General appearing for the Revenue in Reference Application No. 48 of 1995 as applicant and Reference Application Nos. 16 and 1......nt December 8, 2000. Case Referred to- Unit Construction Company Ltd Vs. Bullock (Inspector of Taxes) (1961) 42 ITR 340 (HL). Lawyers Involved: Syed Ishtiaq Ahmed with Md. Asaduzzaman and Nihad Kabir, Advocates-For the Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For the R..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)

....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......ohammad Gholam Rabbani J Sarwari Begum………………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March 28, 1993. Case Referred to- 43 DLR 139. ..

Category: Property Law | Date: | Hits: 75

Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......id school and his daughter is a student of class ten of the said school. The said school is a recognised Non‑Government Secondary School and is managed by a Managing Committee constituted under the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the Recognised Non‑Gov......diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Badruzzaman J Azizul Haque……………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment August 28, 1991. Lawyers Involve..

Category: Civil Law | Date: | Hits: 89

Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......corded. Ext. 7 is a letter issued from the Dhaka Pourashava. Ext. 8 is the letter vide ­office Memo No.1106 (En.) VP. Ext. 8 (Ka) to 8(cha) all are the letters to the Additional Deputy Commissioner (Revenue), Dhaka. From the side of the defendants some papers were filed before the Court which were ...... Mozammel Hoque J Md. Abdul Karim J Hosne Ara Begum……………………Appellant Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and Another……………………Respondents Judgment May 19, 1993. Case Referred to- ..

Category: Property Law | Date: | Hits: 75

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......Respondents (In both the appeals) Judgment July 14, 2010. Cases Referred to- Chandavarkar Sita Ratna Rao Vs. Ashalata S. Guram, AIR 1987 SC 117; South India Corpn. (P) Ltd. Vs. Secretary, Board of Revenue, Trivandrum, AIR 1964 SC 207 at p.215; (1964) 4 SCR 280."; Narcotics Control bureau......ts (In both the appeals) Judgment July 14, 2010. Cases Referred to- Chandavarkar Sita Ratna Rao Vs. Ashalata S. Guram, AIR 1987 SC 117; South India Corpn. (P) Ltd. Vs. Secretary, Board of Revenue, Trivandrum, AIR 1964 SC 207 at p.215; (1964) 4 SCR 280."; Narcotics Control bureau Vs. Kish......M Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dr. Malik Mehdi Kabir...................................Appellant (In Civil Appeal No.59 of 2006) Md. Shahidullah Bhuiyan and others………….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami ..

Category: Property Law | Date: | Hits: 93

Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)

....rdance with its own policy which the appellants are not entitled to challenge. 5. The writ petitions being heard the High Court Division found that the Writ Petitioner Nos.1 and 10 are Bangladeshi Nationals, Writ Petitioner Nos.2 to 8 were British Nationals and Writ Petitioner No.9 was a Malaysia......executives at all relevant times. By notification No.186-61 dated 31.12.1971 passed under the Acting President's Order No. SEC-XIIM-35/71/17 dated 30.12.1971 the company was placed under a Management Board. By a notification No.P/E-1/1855 dated 17.05.1972, the company was placed under the Engineerin......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Steel & Engineering Corporation...................Petitioner Vs. Arif A. Shekha and others ..........................................Respondents Judgment January 24, 2010. ..

Category: Business or Commercial Law | Date: | Hits: 195

National Bank Limited Vs. New Sonali Garments (Pri­vate) Ltd. & Others, 1993, 22 CLC (HCD)

....This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......th M Hasan, Advocates ‑ For the Opposite Party Appellants. Ozair Farooq, Advocate ‑ For the Defendant‑Appellant. Appeal from Original Decree No.771 of 1991. with FAT No.369 of 1991 and Cross‑objection Case No.735 of 1991. Judgment ARM Amirul Islam Chowdhury J.- This appeal..

Category: Civil Law | Date: | Hits: 96

Botany Bay Shipping (Australia) Ltd. and anothers Vs. Lever Brothers Bangladesh Ltd and anothers, 2009, 38 CLC (HCD)

....ted earlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (2011) 909. ......ted earlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (2011) 909. ......ted earlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (2011) 909. ......Case is also Reported in: 16 BLC (2011) 909. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 307

Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)

.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......s originally established in the year 1973, under the circular made by the Rural Development and Co-operative Department under Memo No.11/1a-1/73/224 dated 19-6-1973. Subsequently in the year 1987 the Board of Director of the Academy, in its 15th meeting held on 19-12-1987 (Annexure-K), formulated th...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......ion (Special Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Majid……………………………...............Petitioner Vs. Local Government and Co-operative Ministry & 4 others …......Respondents Judgment February 22, 2009. ..

Category: Employment/Service Law | Date: | Hits: 64

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....al Court for remand. It is also to be noted here that in three suits, 4 (four) sets of apparently original documents i.e. allotment letter of DIT, standard lease deed agreement of DIT and receipts of National Bank of erstwhile East Pakistan showing payment of installments against letter of allotment......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......ppellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J MA Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejha..

Category: Property Law | Date: | Hits: 100

Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......No.313 has been recorded in the revisional survey operation in six separate plots. As there was wrong recording in respect of the area the plaintiffs filed an application on 25.3.74 Ext.11 before the Revenue Officer, Dhaka for correction of the said mistake. Since the date of purchase the plaintiffs......is also Reported in: 45 DLR (HCD) (1993) 541...

Category: Property Law | Date: | Hits: 55

Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)

....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......man J ABM Khairul Hague J Md. Muzammel Hossain J Surendra Kumar Sinha J Lt. Col. M. A. Mannan (Retd.)………………Appellant (In both the cases) Vs. Social Investment Bank Ltd. and Others …………Respondent (In Civil Appeal No.48 of 2006) Doctor J. H. Gazi and Others…..

Category: Civil Law | Date: | Hits: 90

Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)

....en transpired that in between 01.01.1999 to 31.12.1999, while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Council, Dhaka had obtained as bribe an amount of Tk. 38,00,000/- (thirty eight lacs......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocate - For the petitioner. S. K. Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - Opposite Party No.1 (State). Md. Khurshid A..

Category: Criminal Law | Date: | Hits: 111

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....(1992) 144. ......greement, Annexure‑E, on July 13,1977 with the said M/s Drums Metal Ltd. to lease out 3.28 acres of land for 20 years from April 1,1963 to March 31,1983. It is further stated that the Disinvestment Board took a decision, Annexure‑E (1), in a meeting held on 20.5.1977 that the matter of extension......ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J National Engineers Ltd.…………Petitioner Vs. Director, Military Lands and Cantonment Directorate and others ……..Respondents Judgment August 27, 1991. Ca..

Category: Property Law | Date: | Hits: 92

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......n the above section fall in the instant case. 22. She further refers sub-section (3) of the section 92 of the SAT Act which runs thus: "(3) Before entering on a holding under subsection (2) the Revenue Officer shall cause a notice to be published in the prescribed manner declaring his intentio......LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...

Category: Procedural Law | Date: | Hits: 72