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Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....ery shop M/s. H. Dey Jewellers and admittedly Jewellers and ornaments were kept as security for loan provided by H. Dey Jewellers. The attorney being the owner of 50% of the Jewellery shop and its business was entitled to claimed 50% of the ornaments lying with the Bangladesh Bank as 'debt'......Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State Bank of India v. Netai Ch. Porel, AIR 1982 Cal. 92; Dina Nath v. Balkrishna, AIR 1963 All 46; Muthupalaniapa Chettiar v. Alagam......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..

Category: Property Law | Date: | Hits: 39

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

....the suit premises to the plaintiff No.3 to the knowledge of all concerned. Defendant No.1 requested the plaintiffs to recognize him as the tenant after Altaf Hossain left the partnership business. Plaintiffs accepted defendant No.1 as the sole tenant. Defendant No.1 inducted defendant ......mp; others........Appellants Vs. Musleuddin Ahmed & others................Respondents Judgment August 8, 2004. Lawyers Involved: AJ Mohammad Ali, Senior Advocate (Fazlul Karim, Senior Advocate with him) instructed by Ataur Rahman khan, Advocate-on&n......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..

Category: Property Law | Date: | Hits: 23

Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

....d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......l Appeal No. 17 of 1996) Vs. Azizur Rahman and others.....Respondents (In all the appeals) Judgment March 1, 2004. Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the appellant (In Criminal Appeal......section 2(b) of the Criminal Law Amendment Act, 1958 as amended by Section 3 of the Criminal Law (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978) because M/S Master Industries Ltd. is a body corporate constituted under a Law, namely, the Companies Act and the Accused petitioner is a Managi......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ..

Category: Criminal Law | Date: | Hits: 40

Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)

....led a petition of complaint under section 138 of the Negotiable Instrument Act, 1881 against the respondent No.1 stating inter alia, that the complainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Tk. 60,000,00/- to th......awlader vs. State 55 DLR (HCD) 199 in 53 DLR (AD) 111, SM Anwar Hossain Vs. Md. Shafiul Alam, (Chand) 51 DLR (AD) 218, 51 DLR (AD) 218. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Appellant. Amir-ul-Isl......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..

Category: Business or Commercial Law | Date: | Hits: 138

Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)

....ed on behalf of the respondent No.1 before the AAT that in view of the provision of Section 6 of the Rules of Business read with the provision at SD. No. 74 (d) of the Schedule III of the Rules of business as because appellant's pay scale was Tk. 3700-44257-prior approval of the President was nec......d and another..............................Respondent Judgment February 10, 2002. Lawyers Involved: Faizul Kabir, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the appellant. (Appeared with the leave of the Court) Abdur Rab Chowdhury, Senior Ad......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ..

Category: Administrative Law | Date: | Hits: 95

Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)

....tion on account of the claims under (i) Part-A (Tendered Items)(ii) Part-B (non-tendered but scheduled items), (iii) Part-C (non tendered and non-scheduled items (iv) compensation for loss and business and good will and (v) mobilization and demobilization in as much as the respondent had agr...... November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin chaklader, Advocate-on-Record-For the appellant. ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..

Category: Civil Law | Date: | Hits: 89

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....e not been removed from service. The Rule of extra-ordinary leave has no manner of application in his case. During the period of his removal he was not engaged in any remunerative employment or any business of profit. He joined the Dhaka District Bar and then the Supreme Court Bar as an Advocate o...... Referred to- Pakistan vs. M/S A. B. Issacs, 22 DLR (SC) 371; Divisional superintendent, P.W.P. Karachi vs. Bashir Ahmad, PLD 1973(SC) 589. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant (In both the appeals). Shamsuddin Ahmed, Advocate instructed by Shamsul Ha......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..

Category: Administrative Law | Date: | Hits: 138

State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)

....one Md. Giasuddin Miah Police Inspector special Team, C.I.D. Homicidal, Dhaka, with Ramna, Police Station, Dhaka on 04.09.2003 alleging, inter-alia, that on receipt of secret information that Hundi business was being conducted in room No. 603 of the 7th floor of 73, Kakrail Eastern Commercial Co......hellip;……..Petitioner Vs. Md. Firoj Ahmed ............Respondent Judgment September 30, 2007. Lawyers Involved: Abu Bakker Siddique, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman Advocate-on-Record-For the Petitioner. ......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ..

Category: Criminal Law | Date: | Hits: 37

Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)

.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ...... M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Md. Ashrafuzzaman & others…............Petitioners Vs. Bangladesh Chemical Industries Corporation & others…...Respondents Judgment October 2, 2007. Lawyer......es, namely, (1) Palash Urea Fertilizer Factory Ltd. (b) Zia Fertilizer Factory Ltd. (c) Jamuna Urea Fertilizer Factory Ltd. (d) Natural Gas Fertilizer Ltd. and (e) Chittagong Urea Fertilizer Ltd. incorporated under the Companies Act and all these companies are placed under the Bangladesh Chemical...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ..

Category: Employment/Service Law | Date: | Hits: 76

Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)

....ama" on 22nd Ashin, 1357 B.S. in the name of the defendant No.1. The father of the defendant No. 1 used to possess the suit land because the defendant No.1 had been living in the town for carrying on business. The defendant No.1 came back to his village home and with the financial assistance of his ......��…..Petitioner Vs. Dr. A.K.M. Mobarak Hossain being dead his legal heirs: 1. Jahanara and others .......Respondents Judgment December 4, 2007. Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Firoz Shah, A...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ..

Category: Property Law | Date: | Hits: 26

Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)

....High Court Division in Writ Petition No. 6883 of 2005 making the rule absolute. 2. The short fact leading to the filing of the writ petition is that the writ-petitioner being engaged in the business of manufacturing 100% export oriented Garments required to import raw materials namel...... Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others.....Petitioners Vs M/s. Diplomat Garment (Pvt.) Ltd., represented by it's Managing Director A. A. Khan and others.... Respondents Judgment December 11, 2007. Lawyers I......ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ......ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ..

Category: Fiscal/Taxation Law | Date: | Hits: 55

K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)

....te Judge, Artha Rin Adalat No.4, Dhaka alleging, inter alia, that the plaintiff is a public limited banking company incorporated in Bangladesh under the Companies Act, 1913 and carrying on banking business under Islamic Shariah Law with its registered head office at Motijheel, Dhaka, Defendant N......er Vs Islamic Bank Bangladesh Limited and others…........Respondents Judgment August 13, 2007. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. N......iff-respondents instituted Title Suit No. 239 of 1997 in the Court of Subordinate Judge, Artha Rin Adalat No.4, Dhaka alleging, inter alia, that the plaintiff is a public limited banking company incorporated in Bangladesh under the Companies Act, 1913 and carrying on banking business under Islam......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..

Category: Banking Law | Date: | Hits: 97

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ....................Respondents Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......entered into before the said date, in respect of which, after taking into account the sum or sums paid to the vendor before the said date and the income tax or other Government dues or dues of public bodies or if the property was mortgaged, the amount due under such mortgage outstanding against the ..

Category: Property Law | Date: | Hits: 28

M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)

....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ...... ......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 199

Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)

....d the case shop to one Abdul Jalil son of Md. Muslim Ali of 16 Alauddin Colony, District- Chittagong. The father of the opposite party No.1 (i.e. respondent No.1 of the Leave Petition) was merely a business partner of Mr. Abdul Jail. But the respondent-Opposite Party No.1 is neither a tenant...... Md. Abdul Matin J Bangladesh Cooperative Book Society Ltd. Head Office, Niaz Monjil 922, Jublee Road, P.S. Kotwali, District-Chittagong represented its Manager and constituted Attorney Mohammad Rafiq, son of Late Mawlana Abul Hossen…………..Petitioner ......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..

Category: Criminal Law | Date: | Hits: 32

Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)

....case, in brief, is that the respondent No.2 lodged an F.I.R. alleging, inter-alia, that he deals in cement and the accused-appellant as proprietor and partner of M/S. H. M. Enterprise in course of business transaction purchased cement on credit on different dates in all worth Tk. 2,51,82,845/- a............................Appellant Vs. The State and another….........Respondents Judgment June 15, 2008. Lawyer Involved: Khondakar Mahbub Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Mohammad Al......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ..

Category: Criminal Law | Date: | Hits: 32

Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)

....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 121. ......Matin J Md. Solaiman and others…..............Petitioners (In both cases) Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others .......Respondents. (In both cases) Judgment ......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 121. ......bove writ petitions stating that following the independence of Bangladesh, the Shilpa Bhaban situated at 91 Motijheel Commercial Area, Dhaka, was under the management and control of different bodies at different times and 19.10.1991, following a decision of the Cabinet, it was handed o..

Category: Civil Law | Date: | Hits: 84

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ...... M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Rajdhani Unnayan Kartripakkha (RAJUK)….....Petitioner Vs. Dhaka Water Supply and Sewerage Authority and other……Respondents Judgment November 29, 2007. Case Re......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......taken in 1989 through submission of a plan to the RAJUK for approval; a joint meeting of the officials of RAJUK and the officials of the respondent No.1 including the Chairman of both the statutory bodies was held on 03.06.1990 at Rajuk Bhaban and it was decided that RAJUK would execute and regis..

Category: Property Law | Date: | Hits: 28

M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)

....-2006 passed by the High Court Division in Writ Petition No. 3891 of 1998 discharging the Rule. 2. Short facts relevant for disposal of this petition are that the petitioner in course of his business opened and L.C. being N.864/L.C. 9800842 dated 04-08-1998 through Standard Chartered Bank ...... December 11, 2007. Case Referred To- Mostafa Kamal and another vs. Commissioner of Customs and other 52 DLR (AD) 1. Lawyers involved: Zahirul Islam, Advocated on Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave t......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..

Category: Fiscal/Taxation Law | Date: | Hits: 70

State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)

....bank guarantee in lieu of depositing of 50% of decretal amount is equivalent to deposit in cash which the bank is obliged to encash the same on remand and is usually prevalent in the business world where the amount is colossal and accordingly, in the said decision it was held that...... Eastern Bank Limited 19 BLD (HCD) 553; Abdus Sattar and others vs. International Finance and Investment Commerce Limited 21 BLD (AD) 77. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate instructed by Feroz Shah, Advocate-on-Record-For the Appellant. Dr. Kamal Hossai...... of the fact that by an application under Order 9 Rule 13 of the Code of Civil Procedure the judgment debtor prays to set aside an ex-parte decree making a difference under Section 6(2) which was incorporated by amendment as the legislators thought that the 50% of the decretal amount may be......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ..

Category: Banking Law | Date: | Hits: 96

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