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Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)

.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... Cases Refereed To- Secretary, (Health) Department of Health & F. W and Another vs. DR. Anita Puri and others, (1996) 6 SCC 282. Lawyers Involved: A. F. Hassan Ariff, Senior Advocate, (T.H.Khan, Senior Advocate, with him), instructed by Syed Mahbubur Rahman, Advocate-o......rt." "Because the Bangladesh public Service Commission is a self Governed constitutional body and that the PSC recommended the present petitioners as per provision of law as incorporated in Article 140 of the Constitution of the People's Republic of Bangladesh; that the lear...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..

Category: Employment/Service Law | Date: | Hits: 86

Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)

....ndant petitioners in petition No. 392 of 2005 and others stating, inter alia, that the plaintiff was a registered co-operative society and the members of the said society had been doing their business in the suit property and in 1981, fire took place in the market and thereafter ......llip;……………………Respondents (In both the petitions) Judgement May 25 2005 Lawyers Involved: A. F. Hassan Ariff, Senior Advocate (Mahbubey Alam Senior Advocate with him) instructed by Chowdhury Md. Zahanzir, Advocate-...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..

Category: Civil Law | Date: | Hits: 120

Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

....; April, 1996 on the basis of the Invoice/CRF value declared by the petitioner. 3. That the case of the petitioner, in short, is that the petitioner in course of his business following the import policy of the Government and the Customs Act, 1969, imported&nb......J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division (Customs) and ors.............................Respondents Judgment November 30, 2005 Cases Re......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 126

Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)

....ises in suit belonged to plaintiffs' predecessor Mir Baksha Miah and the said premises was let out to the defendants on November 14, 1960 on monthly rental basis. The defendants were running a business of Hotel and Restaurant in the premises so let out by Mir Baksha Miah to them, that Mir Ba......p; Case Referred to- Solaiman (Md) vs Siifia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others, 49 DLR 288. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record—For Appellants. Abdul Qu......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......nbsp;59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..

Category: Business or Commercial Law | Date: | Hits: 135

NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)

.... them to its customers under its trade mark and trade name. This is done, it is claimed, in order to associate cottage industries, to assist and involve small manufacturers in the development of shoe business and to offer to the customers good quality footwears of given specifications. 3. The res......peal is dismissed. The Excise & Salt Act (I of 1944) Section 12(A)(1) The basis of the exemption from payment of excise duty is the manufacture of footwears without the aid of any machinery or equipment operated by power, steam or gas. The exemption cannot be denied by giving a strained me......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Abed Ali Vs. State, 1990, 19 CLC (AD)

....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ...... Judgment February 25, 1990. Result: The appeal is dismissed. The Penal Code (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculat......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......e officer-in-charge about the murders. Mr. Md. Nazmul Huda, S.I. of Police came to the place of occurrence at about 12-30 p.m. and a written Ejahar was handed over to him. He held inquest on the dead bodies of the two victims and then sent the dead bodies to the morgue for post-mortem examination th..

Category: Criminal Law | Date: | Hits: 65

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

.... Dhaka in Special Case No.96 of 1983 on 14.3.85. 3. It is alleged that the appellant while being an Officer of the Agrani Bank at the Local Office Branch, Motijheel, Dhaka carried on a clandestine business transaction with Tofazzal Trading of Islampur dealing in cloth. Prosecution case is that by......e of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..

Category: Criminal Law | Date: | Hits: 52

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

.... land of khatian Nos.28 and 47 to his sister Amena by Ext.A in our opinion the view so taken by the lower appellate Court appears to be not correct if considered in the context of normal course of business, in that there is no material on record to show that Tofazzal Hossain was in the office of...... Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 34 DLR (AD), 61; Bhim Singh (dead) by L.R.S and another Vs. Kan Singh, AIR 1980 (SC) 727. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Fazlul K......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..

Category: Property Law | Date: | Hits: 67

Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)

....viction of the appellant from the suit premises. 2. The suit was filed by the plaintiff-respondent on the simple allegation that the appellant has been carrying on a snack bar business under the name and style of M/S. Cafe-Corner in a shop room on the ground floor of 21, Mot..................Appellant Vs Humayun Majid ..............................Respondent Judgment January15, 1995. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record- For the appellant. M. I......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 33

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....ions of the Companies Act, 1994 (Act DVIII of 1994) in the office of the Registrar of Joint Stock Companies and Farms of Bangladesh Dhaka on 02.04.2001 and obtained the certificate of commencement of business on the same day; that respondent No.2 is the Chairman and respondent No.3 is the Vice-Chair...... Nur Hussain and others….................Respondents (In Civil Petition No. 06 of 2004) Judgment January 4, 2005. Result: Leave is granted. Lawyers Involved: T.H. Khan, Senior Advocate, (Dr. M. Zahir, Senior Advocate with him), instructed by Syed Mahbubur Rahman, Advocate-...... Bangladesh and are sponsor contributor in the share capital of the respondent No.1 company namely Jumuna Bank Limited. That the respondent No.1 is a public company limited by shares registered and incorporated under the provisions of the Companies Act, 1994 (Act DVIII of 1994) in the office of the ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......��……………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. having its office at Tikatuly & others …………………......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..

Category: Property Law | Date: | Hits: 91

Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)

....ing, inter alia, that the defendant is not a monthly ejectable tenant as per the agreement, that he purchased the possessory right of the shop at a consideration of Tk.95,000/- and running medicine business there, that in spite of payment of rent regularly the plaintiff did not grant receipt and t...... May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record-For the Appellant Md. Nawa......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...

Category: Tenancy Law | Date: | Hits: 180

Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)

.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......t Vs A.B.M. Abdul Matin .......................Respondent Judgment July 30, 2006. Cases Referred to- Mohammed Abdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and others (Civil Petition for Leave to Appeal No. 298 of 1994); Md. A......nt and decree passed by the Courts below. 7. Leave was obtained to consider the submission that under section 3(2) of the Cadet College Ordinance, 1964 Pabna Cadet College being a body corporate capable of "sue and to be sued" in its own name, the High Court Division erred ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 113

Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)

.... facts are that the above writ petition was filed impugning the order of the respondent No.1 herein issued under the signature of the respondent No. 2 asking the respondent No.3 to manage the business of the Waqf Estate of Hazrat Khaza Kalu Shah Mazar Waqf Estate, Sitakundu, Chittagong. In ......law. Ed. ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 190

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

....g doctor declared him dead. The injured driver was being treated at Dhaka Medical College Hospital. A number of neighboring persons witnessed the occurrence. There had been a dispute regarding business between the deceased and the accused Boston. In fact informant's deceased husband ha......on) alias Md. Kamal Hossain @ Boston.............Respondent Judgement August 22, 2004. Case Referred to- 7 DLR 637 Lawyers Involved: Shaukat Ali Khan, Senior Advocate (Rehan Husain, Advocate with him), instructed by Nurul Islam Bhuiyan, Advocate-on-Recor...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..

Category: Criminal Law | Date: | Hits: 31

Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)

....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ...... any proof beyond reasonable doubt that he was present in the house when the occurrence took place……….(7) Lawyers Involved: A B M Bayezid, Advocate—For the Appellant. A Rouf, Deputy Attorney General—For the State-Respondent. J......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......nd prepared the inquest report. The hair and skin on the head were rooted, teeth were broken and her abdomen was torn. There was injury on the private organ of the dead body. He sent both the dead bodies to the morgue for autopsy and after having received the postmortem report lodged the FI..

Category: Criminal Law | Date: | Hits: 71

Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)

....quo;Pons’ of land by way of gift to the present respondent No. 1. Abdul Mazid had a shoproom at Bandar Bazar and the said shop room was existent. The plaintiff and defendant No. 1 used to run business from the said shop room. Aimona did not claim any share in the suit land during the lifet...... ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..

Category: Property Law | Date: | Hits: 48

National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)

....mahal (Annexure'A(l)'). 3. Facts in the background whereof the writ petition was filed, in short, that the writ petitioner appellant is the public limited company and carrying on business of plantation, cultivation, production and processing of tea and other allied product...... Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment September 6 2007. Lawyers Invol......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 43

Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)

.....1 as complainant on 6-11-1993 filed a petition of complaint in the Court of Thana Magistrate, Bagerhat Sadar, Bagerhat against the accused petitioner alleging, inter alia, that the complainant has a business transaction with the other business man; that on 8-9-1992 the accused petitioner by executi...... and other...........Respondents Judgment July 10, 2002. Result: The petition is dismissed. Lawyers Involved: Syed Ziaul Karim, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appea......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ..

Category: Criminal Law | Date: | Hits: 92

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