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Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)

.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......d in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......the Ordinance his heirs would be paid benefit of provident fund and group insurance under the provision of the Ordinance. We have already mentioned which employees of the Government and autonomous bodies will be entitled to have the benefits of provident fund and group insurance under the provis..

Category: Employment/Service Law | Date: | Hits: 82

Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)

.... short, is that the informant lodged a First Information Report with the local Police Station, alleg­ing, inter alia, that his son Mahbubul Alam on 11-07-2005 at about 8.00 p.m. along with his business partner Kamal Uddin went to attend a Milad Mahfil. After the end of Milad Mahfil, they re...... Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Rafique Hawlader @ Rafique Contractor and others…......Petitioners Vs The State............................Respon......he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ..

Category: Criminal Law | Date: | Hits: 31

M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

.... per SRO-108 dated 11.06.1998 but suddenly by subsequent SRO-233-Ain/98/1763 dated 20.10.1998 the respondent No.1 has withdrawn the exemption after the petitioner made legal commitments losing his business which is inequitable and unjust as the petitioner has been deprived of his vest­ed rig......9 of 06) Vs. Government of Bangladesh and others.....Respondents (In all the Civil Petitions) Judgment August 2, 2007. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instruct­ed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners (In all ......no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ......no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)

....it shop in the year 1962 with prior consent of the then landlord removed the partition wall and started joint busi­ness in the name and style "Motimohol" and has been continuing their business therein, that the original landlord Al-haj Sirajul Islam Chowdhury and the pres­ent r......lip;……………Appellant Vs. Abdul Khaleque ........Respondent Judgment November 11, 2003. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Appellant. Ayn...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ..

Category: Property Law | Date: | Hits: 32

Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)

....s directed against the judg­ment and order dated 11.02.2002 passed by the High Court Division in Writ Petition No. 2464 of 2000 discharging the Rule. 2. The case of the petitioner is that he is a businessman and carries on business of import of different merchandise from abroad and for import of......: V ADC (2008) 917. ......e above, we find no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......e above, we find no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Anti-Corruption Commi­ssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

...., in short, are that the respondent is an Executive Director and a shareholder of Aegis Textile Mills Limited, a Private Limited Company, incorporated under the laws of Bangladesh having its place of business at 9/A, Motijheel C/A Dhaka and is alleged to have committed acts of corruption along with ......upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commi­ssion and others……………Appellants Vs. Mahmud Hossain and others…â€......litan Magistrate, Dhaka. 8. The common facts of the cases, in short, are that the respondent is an Executive Director and a shareholder of Aegis Textile Mills Limited, a Private Limited Company, incorporated under the laws of Bangladesh having its place of business at 9/A, Motijheel C/A Dhaka and...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..

Category: Anti-Corruption Laws | Date: | Hits: 139

Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)

.... which he earned after getting the license of export and import in the year 1966; the trial court specially found it incredible that the plaintiff, within such a short time of starting his private business, could pur­chase the suit land and observed that the plaintiff failed to prove his bus......nahar Ali alias Monawar Ali being dead his heirs; Mozzamil Ali Chowdhury and others .........Respondents. Judgment August 3, 2006. Lawyers Involved: Mahbubey Alam, Senior Advocate (J.N. Deb, Advocate with him) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For......rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ..

Category: Property Law | Date: | Hits: 23

Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....nging into their notices the decisions, notification and directions of the Government and such directions and communications being the policy guidelines in respect of certain matters concerning the business of the Government and were issued only to bring efficiency in the administration those do..................Respondents (In all the cases) Judgment February 20, 2008. Lawyers Involved: Dr. Abul Kashem Md. Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. (In all cases) Hasan Faiz Siddique, Additional Attorney General, Za......llegality or infir­mity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......llegality or infir­mity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..

Category: Others | Date: | Hits: 101

Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)

.... No. 7 directing handing over of the electricity lines of Matbaria and Bhandari to Palli Biddut Samity. 2. The petitioners filed the above writ peti­tion stating that they are bona fide businessmen and they consume electricity in their business and since the inception of their busines......ry of Energy and Natural Resource, Energy Division and others, CPLA No. 239 of 1985. Lawyers Involved: Shaheed Alam, Advocate, instructed by Choudhury Mohammad Jahangir Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave ......irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858.  ......irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858.  ..

Category: Civil Law | Date: | Hits: 119

Dhaka Mercantile Co-operative Bank Ltd. Vs. Bangladesh Bank, Dhaka & others, 2006, 35 CLC (AD)

....nected papers. 5. It is not disputed that the petitioner, the Dhaka Mercantile Co-operative Bank Ltd. is not a commercial bank and is not authorized by the Bangladesh Bank do general baking business like any other commercial bank. 6. It appears that under section 45 read with secti......ngladesh Bank, Dhaka & others………………….Respondents Judgment June 18, 2006. Lawyers Involved: Mohammad Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner A.J. Moham......d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ......d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ..

Category: Banking Law | Date: | Hits: 292

Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)

....t No. 2 Tripty Industries Limited is that it was a company incorporation under the (Companies Act and at the time of incorporation of the said company it had intention in its mind to diversify its business amongst others by manufacturing Olympic Ball pen with the brand name 'OLYMPIC' and accordi...... Judgment: July 30, 2005. Lawyers Involved: Mujibur Rahman, (in both the cases) Advocate (Appeared with, the leave of the Court) instructed by Aftab Hossain, Advocate-on-Record - For the Petitioners. Not represented - the Respondents. Judgment  &n......ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ......ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ..

Category: Intellectual Property Law | Date: | Hits: 172

Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)

...., 1998 but stopped payment of monthly rents from the month of March, 1998 and thereby became a defaulter. The plaintiff also claimed that he had bonafide requirement of the suit premises for starting business therein and accordingly served a notice under Section 106 of the Transfer of Property Act t...... Amin J Md. Nasiruddin...........Defendant-petitioner Vs. Md. Mizanur Rahman............ Plaintiff-respondent Judgment August 22, 2007. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahm......of the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......of the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789...

Category: Tenancy Law | Date: | Hits: 151

Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)

....e High Court Division in Writ Petition No.1114 of 1998 making the rule absolute. 2. The short fact leading to the filing of the writ petition is that the writ petitioner company, a bonafide business concern doing business for over 50 years, was granted lease of Plot Nos. 118-121, Tejgaon ......: Mohammad   Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh, rep­resented by the Secretary Ministry of Housing and Public Works, Bangladesh Sachibalaya, Ramna, Dhaka and others ............Petitioners Vs. M/S......rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ..

Category: Property Law | Date: | Hits: 27

M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)

....of the High Court Division discharging the rule issued earlier in Writ Petition No. 3532 of 1997.  2. The appellant filed the writ petition stating, inter alia, that the appellant is a business firm dealing, inter alia, with auctioning business submitted tender in auction tender sale...........Appellant Vs. Commissioner of Customs, Chittagong and others........Respondent Judgment July 11, 2005. Lawyers Involved: Kazi Shahbuddin Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Md. N......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ..

Category: Others | Date: | Hits: 80

Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)

....ent and became a habitual defaulter and undesirable tenant. The plaintiff also alleged that his eldest son, Md. Abdul Latif Mondal (since deceased), required the suit premises for starting his own business therein. The plaintiff issued a notice under section 106 of the Transfer of property Act o......ing dead his heirs Most. Monwara Bewa Bibi and others....................Respondents Judgment November 6, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Saidur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-R......tly dismissed the civil revision war­ranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......tly dismissed the civil revision war­ranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ..

Category: Property Law | Date: | Hits: 91

Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)

....party asked the 2nd party to accord time extension considering 2nd party's failure to provide working drawing in due course of time. The 1st party complained that they sustained heavy financial and business loss for continuing the work beyond the stipulated 4 months time. The 1st party in their l.........Respondents Judgment March 27, 2008. Case Referred to- Coal Controller Vs. Ventura Industries, 45 DLR (AD) 184. Lawyers Involved: Fida M. Kamal, Senior Advocate instructed by Abu Sams Khalequzzaman, Advocate-on-Record-For the Petitioner Rafi......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..

Category: Business or Commercial Law | Date: | Hits: 129

Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)

....n stop gap arrangement at the 5 relevant time discharging the functions of the office of Chairman of the Zilla Parishad and he was authorized to perform day to day functions as well as the routine business of the Zilla Parishad and to pay the salary and other allowance to the officers and the em...............Appellant Vs. Md. Lutfur Rahman and others ..........Respondents Judgment March 20, 2005. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant. A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1. ......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ..

Category: Civil Law | Date: | Hits: 107

Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)

....it is out of time 81 days and no satisfactory explanation has been offered for the delay. 3. Acqua Foods Limited and its Managing Director were the writ petitioners who have been engaged in business of processing and exporting shrimps to foreign countries since 1982. In 1995 the writ peti......te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vice Chairman, Export-Promotion Bureau………………….Petitioner Gover......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ..

Category: Business or Commercial Law | Date: | Hits: 89

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....said land in favour of Sudhir Chandra Das and accordingly, he constructed dwelling house thereon and died in the year 1994; in the year 1964 the then Government requisitioned the suit land for the business of country-made wine; that against whereof said Sudhir Chandra put objection in Miscel­......nbsp;      April 5, 2005. Case Referred To- Shree Sudhir Chandra Das vs. Amena Khatun and others. Lawyers Involved AJ Mohammad Ali, Senior Advocate, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—Appellants.......nd decreed the suit on mere presumption and thereby erred in law. 6. M Sultan Ahmed, the learned Counsel appearing for the respondents has, however, submitted that the appellants have not incorporated in the paper book the copy of pattani Dakhilas marked Exhibits 1 and 1(1) series in the ...... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ..

Category: Property Law | Date: | Hits: 25

Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)

.... by the BTTB and the duration of the agreements was for five years, that on the basis of the Subscription agreements the Company was using the VSAT connections for its software development and export business, that the Company filed application for the grant of ISP licenses for the three locations a......t Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ziaur Rahman…………………………..Petitioner Vs. DG, Bureau of Anti-Corruption & another…………….Respondents Judgment August 8, 2004. Case Referred T...... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ...... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ..

Category: Anti-Corruption Laws | Date: | Hits: 113