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Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

....Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest for the Stat......ever, became visible as early as in 1967, when the Court of Appeal found no reason why a body set up by Prerogative should not be amenable to judicial scrutiny. (R Vs. Criminal Injuries Compensations Board, ex-parte Lain 1967 2 QB 864) 42. In GCHQ case he House of Lords unequivocally rejected th......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......16 BLC (HCD) (2011) 386. ..

Category: Constitutional Law | Date: | Hits: 231

Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)

....lawful authority and is of no legal effect. 2. The petitioner Begum Tahmina an active member of the Jatiya Party and Secretary of the Health and Planning Department of the Central Committee of the National Mahila Party was served with the above impugned notice dated 27-3-94 (Annexure-A) under sec......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......AN Mominur Rahman J Md. Abdul Quddus J Begum Tahmina…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Prime Ministers Secretariat, Dhaka and others………………………….Respondents Judgment August 8, 2000. Cases Referre..

Category: Criminal Law | Date: | Hits: 78

Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......nt Commissioner of Taxes after hearing the assessee applicant allowed the appeal and annulled the assessment order passed by the AJCT. Being aggrieved by the aforesaid appellate order of the AJCT the Revenue Department took a second appeal before the Taxes Appellate Tribunal which after hearing the ......¦â€¦â€¦â€¦â€¦â€¦Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, D..

Category: Fiscal/Taxation Law | Date: | Hits: 96

Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....ent on consideration of the same rightly arrived at a finding that the predecessor in interest of the claimants as well as the claimants were all through living in Bangladesh and they are Bangladeshi Nationals and the case property does not come within the ambit of abandoned property as contemplated......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......ceived and not maintainable in law. In reply to this the learned Assistant Attorney-General submitted that the aforesaid Writ Petition No.1009 of 1993 was filed by the Additional Deputy Commissioner (Revenue) who is not authorised person to move the same and as such the order passed in connection wi...... This Case is also Reported in: 52 DLR (2000) 439...

Category: Property Law | Date: | Hits: 90

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

....e paper book. From Exhibit 10 (ka) it appears that it is the plaintiff who prayed for withdrawing objection of the Bank in getting loan from other Bank. Exhibit-11 is an application for a letter from National Bank Ltd. addressed to the plaintiff which refers to the objection of Krishi Bank in the ma......Advocate for the appellant has referred two a case of (1) Md. Arfan Ali Vs. Sonali Bank and other passed in Civil petition for leave to appeal No. 26 of 1992 and (2) Mohammad Abdul Naim Vs. Chairman, Board of Director, Sonali Bank, Heal Office and others passed in civil Petition for to Appeal No.298......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ...... also Reported in: 52 DLR (2000) 434. ..

Category: Civil Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)

....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ...... Revision of Loan condition as per New Industrial Policy. In line with the provisions in the New Industrial Policy the following modifications in the terms of BSRS loans have been approved by the Board of Directors of BSRS. 1. Rate of interest for export-oriented proj­ects and projects in l......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ...... Vs. Bangladesh Shilpa Rin Sangstha (BSRS)...........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam,..

Category: Civil Law | Date: | Hits: 126

GM (West), Bangladesh Railway & other Vs. hairman, Labour Court, Rajshahi & another, 1986, 15 CLC (HCD)

.... costs. The impugned order of the re­spondent No. 1 is declared to have been passed with­out any lawful authority and of no legal effect. Ed. This Case is also Reported in: 40 DLR (1988) 163. ......No. 2 since the respondent No. 2 is not workman under the I.R.O. but he is Government servant. In support of this contention Mr. Aftab Hossain, the learned Advocate referred to the Bangladesh Railway Board (repeal) Ordinance, 1984 dated 16.5.83 where­by the Bangladesh Railway Board Ordinance, 1976 ...... costs. The impugned order of the re­spondent No. 1 is declared to have been passed with­out any lawful authority and of no legal effect. Ed. This Case is also Reported in: 40 DLR (1988) 163. ......aying for a declaration that the order dated 15-4-84 passed by the Chief Personnel Officer (West), Bangladesh Rail­way promoting some, ad-hoc clerks superseding the petitioner was illegal, arbitrary and contrary to the rules. 3. The case of the respondent No 2, who was petitioner in the said I.R..

Category: Labour and Industrial Law | Date: | Hits: 170

Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)

.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......D) (2001) 612. ..

Category: Property Law | Date: | Hits: 91

Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)

.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......e was issued calling upon the respondent Nos.1-7 to show cause as to why they shall not be directed to abide by the decision of the meeting No.8823 dated 13-9-2000 (Annexure-B to the petition) of the Board of Chittagong Port Authority, the respondent No.1, which found respondent No.8 as a non-respon...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......t Division (Special Original Jurisdiction) Present: Kazi AT Monowaruddin J Md. Muzammel Hossain J Sumikin Bussan Corporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matsh..

Category: Others | Date: | Hits: 153

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Hussain Muhammad Ershad……….Petitioner Vs. Abdul Muqtadir Chowdhury and another……….Respondents. Judgment May 21, 2001. Cases Referred To- Bhanubhai M..

Category: Constitutional Law | Date: | Hits: 202

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

....n rights and that in pursuance of the strategy of alleviation among the urban poor and having regard to the fundamental rights as provided in the Constitution, the Government of Bangladesh approved a National H policy on 13-12-93 in its cabinet meeting and that though the Government has taken a poli...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540.......540...

Category: Property Law | Date: | Hits: 97

Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)

....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......d in: 53 DLR (HCD) (2001) 522. ..

Category: Property Law | Date: | Hits: 83

Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)

....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......2,02,690 out of which Taka 65,830 in the form of cash/pay order/bank draft and Taka 1,36,860 in the form of Protirokha Sonchoy Potro as the mode of payment of security deposit has been revised by the Board of Directors of the defendant Company in its meeting dated 13-3-80. The plaintiff was repeated......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......ngal Ceramic Industries Ltd ……………… Appellant Vs. Chairman, Petro Bangla & others……...Respondents. Judgment November 9, 1984. Cases Referred To- Abdul Barek Mia and others Vs. ABM Serajul Islam, 20 DLR 508; Abdul Saul Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) ..

Category: Others | Date: | Hits: 132

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....cise their authority to carry on their activities. The learned Deputy Attorney-General further submits that from a perusal of the provisions of section 10(2) of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 it is clear that a corporation brought into existence by the said Presi...... found that the corporations established under the provision of President’s Order No.27 of 1972 also have all the formed characteristics of a company as it has authorised and paid up share capital, Board of Directors including a Chairman having a casting vote as in a company and it has also to mai......s Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3)(iii) of the Income Tax Act, 1922 (hereinafter called the Act) and the Revenue Department preferred these reference applications challenging the legality of those orders. ......s. 222, 223, 224, 225 of 1991, 27, 28, 29, 30, 31, 32, 34, 35, 36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references, they were heard together and are being disposed of by this judgment. 2. Reference Application No.222 of 1991 arises out of..

Category: Fiscal/Taxation Law | Date: | Hits: 86

ABM Ruhul Amin, Managing Director Vs. Bangladesh Freedom Fighters Welfare Trust and others, 1999, 28 CLC (HCD)

.... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ...... called for negotiation and though subsequent offer of the petitioner was higher than his original offer and communication of the same by the secretary and recommended by the evaluation committed the Board of Trustees of the Trust did not commit any illegality in accepting a subsequent higher offer ...... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ......al Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J ABM Ruhul Amin, Managing Director……………….….Petitioner Vs. Bangladesh Freedom Fighters Welfare Trust and others…….Respondent Judgment February 8, 1999. Cases Referred to- Mozaher Sawda..

Category: Property Law | Date: | Hits: 102

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

....rovince of East Pakistan, 22 DLR (SC) 98, Md. Hayat Khan vs. Yar Muhd. Khan, 18 DLR (SC) 571, MA Naser vs. Chairman, P E Railway, 17 DLR (SC) 11, Mansur Ahmed vs. Kalipada Chattopadhyaya, 11 DLR 103, National Credit and Commerce Bank Ltd. Vs. Prime Bank Ltd., 9 MLR 33 = 8 BLC 391, Abdul Latif Chowdh......ladesh and also for perpetual injunction for restraining the defendants amongst others appointing new distributor and importer and mandatory injunction directing the proforma defendants, the National Board of Revenue and the Custom Authorities for stopping entry of all consignments of Birla Tyres br......d also for perpetual injunction for restraining the defendants amongst others appointing new distributor and importer and mandatory injunction directing the proforma defendants, the National Board of Revenue and the Custom Authorities for stopping entry of all consignments of Birla Tyres brand truck......isdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 Cases Referred ..

Category: Civil Law | Date: | Hits: 148

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51....... (Civil Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Shamsul Haque…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Ref..

Category: Property Law | Date: | Hits: 139

Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... the said machineries and equipment reached Chittagong Port the respondents. Custom Authority, on the basis of a circular dated 25-1-2005 issued by the Ministry of Commerce addressed to the Chairman, National Board of Revenue, refused to identify those machineries and equipment as importable by comm...... machineries and equipment reached Chittagong Port the respondents. Custom Authority, on the basis of a circular dated 25-1-2005 issued by the Ministry of Commerce addressed to the Chairman, National Board of Revenue, refused to identify those machineries and equipment as importable by commercial im......ies and equipment reached Chittagong Port the respondents. Custom Authority, on the basis of a circular dated 25-1-2005 issued by the Ministry of Commerce addressed to the Chairman, National Board of Revenue, refused to identify those machineries and equipment as importable by commercial importers u...... (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved: Md..

Category: Business or Commercial Law | Date: | Hits: 234

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......¦â€¦â€¦Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Cases Referred to- Bangladesh Power Development Board and others vs. Md. Asaduzzaman Sikder, 9 BLC (AD) 1, Bangladesh Telecom (Pvt.) Ltd. Vs. BTTB a......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Case..

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

.... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ...... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ...... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ......ussain Haider J Hayes Haier Appliance Company Ltd. … …………………………………………………….Petitioner Vs. Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents. Judgment August 5, 2005. Cases Referred to- ..

Category: Fiscal/Taxation Law | Date: | Hits: 81