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Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
....s condoned. 2. This Civil Petition for Leave to Appeal at the instance of Bangladesh Atomic Energy Commission has been directed against the judgment and order dated 10.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.6308 of 2009 making the rule absolute declaring......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. ..Category: Employment/Service Law | Date: | Hits: 81
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
....or of Customs, 40 DLR 273 referring to the decision in the case of Collector of Central Excise & Customs Vs. Azizuddin Industries Ltd., PLD 1970 (SC) 439 it was erroneously observed by a Division Bench of this Court as follows:‑ "Therefore, it seems to be well-established that a notificatio...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....tion on detailed grounds stated therein but that order had not been challenged before this Court and there is nothing on record to show that any application had in fact been moved before any Division Bench is Revision for it to be withdrawn as claimed now and, according to the learned Attorney Gener......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
.... cannot direct the magistrate to take cognizance of a case irrespective of the fact that it is triable by the Magistrate or exclusively triable by the court of sessions. In the said case the Division Bench of this Court also held that the Magistrate is not merely a conduit pipe and it is the Magistr......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....tayed further proceedings of the said Title Execution Case No.1 of 1988. Sd/‑ M.A. Rahim, 9.4.89 (Mr. Abdur Rahim) Advocate Supreme Court of Bangladesh High Court Division, Jessore Bench. 4. At around 2‑50 p.m. on 9.4.89 the petitioner filed an application before the Court of......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....y this Division in Civil Petition for Leave to Appeal No.10 of 2011 disposing of the leave petition with observations and modifications of the judgment and order dated 29.09.2010 passed by a Division Bench of the High Court Division in Writ Petition No.6286 of 2010 discharging the Rule. 2. The r......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....ion the ground of prematurity and that in the meantime, the registration of the document under section 60 has been completed. In the case of Abdur Rahman Vs. Baser Ali reported in 21 DLR 599 a Single Bench of the Dhaka High Court held that right of pre‑emption accrues not on the date of execution ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....out moving against the order of the Subordinate Judge, however, moved this court in Civil Revision No.904 of 1988 and obtained a Rule thereon against the order of the learned District Judge. A Single Bench of this court discharged the Rule on 5.6.90. After a lapse of about two months and a half for ......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..Category: Procedural Law | Date: | Hits: 72
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....vil Service at the date of the institution of the present action on 20th July, 1942." Following the aforesaid decision of the Privy Council Cornelius, J, as his Lordship then was, sitting in a Single Bench of the Lahore High Court in the case of Yusaf Ali Khan Vs. The Province of the Punjab reported......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
....laintiff can produce a document of title showing his acquisition of right, title and interest in the suit property. We find no reason to take a view different from this view, though taken by a single Bench, in as much as the law laid down in this decision is sound and accepted position of law as wou......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
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Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....titution and not running bank business. 4. In the above premises the petitioner moved Writ Petition No.2526 of 2010 before this Division under Article 102 of the Constitution upon which a Division Bench presided over by His Lordship Mr. Justice A.H.M. Shamsuddin Chowdhury on 12.04.2010 issued a R......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....guments were advanced that they render service towards the Republic and get their remunerations from the Public Exchequer and, therefore, they hold office in the service of Republic. A Division Bench of this Court rejected the contentions holding that Judges of the Supreme Court are not holdin......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...Category: Employment/Service Law | Date: | Hits: 92
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....ically established by the prosecution and where that has not been done the conviction under section 467 of the Penal Code cannot be maintained and this view gets support from a decision of a Division Bench of the then High Court of Judicature at Dhaka in 13 DLR (1961) 436 (MA Motalib Vs. State). Her......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ..Category: Criminal Law | Date: | Hits: 84
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... and computed the total taxable income at Tk. 2,19,916.00. The assessee preferred appeal against the order of the Inspecting Joint Commissioner before the Income Tax Appellate Tribunal, Head Quarters Bench, Bangladesh, Dhaka. The Accountant Member of the tribunal delivered the judgment. The question......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....cation and by Order 6 rule 7 of the Civil Procedure Code the same has been made prohibited. 20. In the case of Kazi A. Khaleque Vs. Kazi Fadur Rahman and others, reported in 34 DLR 278, a Division Bench of the High Court held- "No pleading except by way of amendment, shall raise any new ground or...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....epends upon the construction of Order 21, rules 35, 36 and 97‑100 of the Code. The point is, however, not res integra. In Usha Jain and others Vs. Manmohan Bajaj and others, AIR 1980 MP 146, a Full Bench of Madhya Pradesh High Court had the occasion to consider the entire scheme of Order 21 with r...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....he matter."
Which is similar to the provision of section 12(3) of the Bangladesh Engineering and Technological University Ordinance, 1961 (Ordinance No.36 of 1961). In the said decision a Division Bench of the Madhaya Pradesh High Court referring to the decision of the Supreme Court of India in A......st on 2.11.1985. From November, 1986 he has been functioning as Head of the Department of Computer Science and Engineering of respondent No.1. In the middle of 1986 the petitioner wanted to apply for Readership in a University of Nigeria through respondent No.1, BUET keeping his lien in his post in ..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
.... been heard together and are being disposed of by this single judgment. 2. These two appeals by special leave are against the judgment and order dated 28th day of August, 2008 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008 making th......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... an industry. Suddenly her passport was seized for the purpose of impounding. It was questioned before the Supreme Court of India under Article 32 of their Constitution. The case was disposed of by a Bench of seven Judges including the then Chief Justice MH Beg. Their Lordships made elaborate discus......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....vision in Civil Revision No.149 of 2008). Judgment Md. Abdul Wahhab Miah. - This appeal by way of leave has arisen out of judgment and order dated the 16th day of May, 2007 passed by a Division Bench of the High Court Division in Civil Revision No.591 of 2006 rejecting the application for amen...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..Category: Civil Law | Date: | Hits: 86
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