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Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....the same, died leaving the plaintiff and the defendant Nos.1-6 as his heirs; the suit properties are commercial buildings and many tenants have been inducted therein; the defendant No.2 is running business in one room under the name and style "Parda Bitan" and defendant No.3 is running......ner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner Saleemullah Advocate, instructed by Sufia Khatun, Advoc......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......y 8, 2007. Result: The leave petition is dismissed. Case Referred To- Nur Mohammad vs. Badruddoza Chowdhury and another, 42 DLR (AD) 116. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Md. Abdul Wadud......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....imilar other public purpose. He further submits that in that case it was further held that Inter-Ministerial Communications are merely policy guidelines in respect of certain matters concerning the business of the Government and these do not create any legal right in favour of any person to ask fo......nd gazette notification is published under section 5(7) of the Emergency Requisition of Property Act 1948, right, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....he Treasurer of the Society for a term of three years who hold office at the pleasure of the President. Subject to control of the General Body the administration and management of the affairs and business of the Society vest in the Managing Body. (Article 9 (3). In the General Body there shall......38 & 102 Though membership to the Society is open to all citizens of Bangladesh who comply with the terms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right to form an association ...... Industrial Tribunal, Bombay, AIR 1962 (SC) 171. 40. There are certain features which distinguish the Red Crescent Society from other voluntary societies or associations. The Society is a body corporate. The learned Counsel for the respondents has drawn our attention to the following definiti......ed term of years, and of acting as a unit or single individual in matters relating to the common purpose of the association, within the scope of the powers and authorities conferred upon such bodies by law." —Black's Law Dictionary (Fifth Edition) pages 306-307. "A 'body corporate..Category: Constitutional Law | Date: | Hits: 170
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....aintiff and also prayed for a decree of permanent injunction. 2. The suit was filed stating, inter alia, that the property in suit was allotted to certain Aziz Ahmed Quoraisi for running petroleum business and on receipt of the first instalment a lease deed was registered in the name of Aziz Ahme......min J Md. Tafazzul Islam J Sonar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 200......doning the delay. 12. 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: ......doning the delay. 12. 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: ..Category: Limitation Law | Date: | Hits: 205
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....on was not good and thus the petitioner became unable to pay the rehearing costs to the respondent No. 1 and for which petitioner felt the need of one partner for smooth running of his trawler business and that in view the respondent No.1 was made a partner of 30% share of the said business .............Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record-For the Petitioner. Dr. M. Zah......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
.... that TCB was initially established in 1972 for import of essential commodities and also for export of certain commodities and at present no such function is performed by TCB and in fact it had no business now. Therefore, considering the whole situation the decision to reduce manpower was taken ...... Ed. ......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....nk guarantees furnished by the respondents. 2. The writ petitioner respondents in Civil Appeal Nos. 133 of 2002 filed Writ Petition No. 3773 of 1999 stating, inter alia, that they and other business firms previously imported Hard Boards of size 8'x4' x 2.5' mm declaring invoice value of t......ka…………………...Respondents (In all the cases) Judgement October 20, 2003. Cases Referred to- Mr. Ayub and others Vs. Collector of Customs and others, Writ Petition No. 1495 of 1996; Rahmania Vanaspati Product Ltd Vs Collec...... 11. The High Court Division, in the case of Sew Bishar Prasad vs. Collector of Customs 54 DLR 173, also took similar view. 12. Further the terms of section 30A of Customs Act, which was incorporated in the Customs Act wef 1.7.1995, that is before opening of letters of credit in the pres......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
.... general or special orders as the Government may from time to time, issue, the managing Director shall have the power of general superintendence and direction of the whole affairs and business of the Bank and shall exercise all powers and do all acts and things which may be ex......nk…….......Appellant Vs A.F.M. Farid Uddin and others .........Respondents Judgement: May 19, 2004. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, M.A. Baqui, Advocate with him, instructed by Md. Serajur Rahman, Advocate-on-Record- F......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....having observed and noticed that the cancellation of appointment was made "in the public interest" failed to take into account these official records maintained in the ordinary course of business and further failed to appreciate that the cancellation of the appointment of the responden......p;………….Appellants vs Kamrul Hasan.........Respondent Judgement July19, 2004. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record.- For the Appellants ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....s illegal. The case of deceased plaintiff, inter alia, is that he took rent of the suit property from one Md. Amin from January 1968 and had been in occupation of the suit property and carrying on business in the name and style M/s. General Exporters and also had been using the suit property for...... February 10, 2004. Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate -on-Record- For the Appellants Khandker Mah...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....al Code for attempting to cause murder of Shakkhar (2), son of the victim Chapa, in furtherance of their common intention. The deceased Chapa was the daughter-in-law of one Khalilur Rahman, a rich business of Barisal. He has several sons and daughters living in his house at Falorbari road, Baris...... State............Appellant Vs. Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evidence Act, 1872 (I of 1872), Section 106 Normally, there is no burden on the accused to offer the reason of death of a person for which he i......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..Category: Criminal Law | Date: | Hits: 129
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
.... 1304 of 1999 were heard together and disposed of by this judgment. 3. The case of the appellant company, Hotel Agrabad Ltd., in short, is that it has been carrying on among others, with the business of hotel and restaurant in Chittagong. The respondents are the workers under the appellan...... J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatungo......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 95
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
....duty declared him dead. The further case of the prosecution is that the victim had long standing enmity with the respondent, proprietor of 'Omar and Sons' Bazar Road. Barisal over the contract business of Barisal Central Jail. 3. The police on completion of investigation submitt......ant Vs. Omar Ahmed……………..Respondent. Judgment December 6, 2007. Lawyers Involved: Salah Uddin Ahmed, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate- on-Record, For the Appellant. ...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....prietor of the Firm and exhibit 1 an affidavit before a Magistrate to the effect that he was the Proprietor of the firm and authorised the Bank to collect all his dues in connection with the contract business and deposit them into his account. The Appellate Court disbelieved the story that the Res......howdhury CJ Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mahmudun Nabi (Md)... .............…………………………………….....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment December 14, 1989. Result: ......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
.... and equipping his canteen with necessary fixtures; that he supplied good food to his customers; that he was not a defaulter; that the Managing Director of the Company wanted to start the canteen-business himself; that when the landlord attempted lo evict him forcibly he instituted a title sui...... Court Appellate Division (Civil) Present: Badrul Haider Chowdhury CJ Shahabuddin Ahmed J ATM Afzal J Mustafa Kamal J Channel Cinema Ltd. represented by Managing Director having office at Madhumita Cinema Hall Building, 158-160 Motijheel C/A. Dhaka................Plai......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 7(2)(g) Default in the payment of any loan has been made a disqualification to be elected or to be nominated to the election of a Chairman of Union Parishad. Failure to pay any instalment ma......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......nomic and financial interest of the State and though it has not been expressly stated in the statute it is clear from the nature of duties and responsibilities of the persons constituting these local bodies. It is a common knowledge mat for non-payment of loans taken from State-owned banks, the nati..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
.... Judgment November 11, 1982. Result: The Appeal is dismissed. The Income-Tax Act, 1922 (XI of 1922), section 10(2)(vii) In 1962 Amendment, it said for the purpose of sub-section(1) the business will "be deemed to be carried on by Assessee in the year in which the sale, exchange, or ac......ittagong ..............Respondent Judgment November 11, 1982. Result: The Appeal is dismissed. The Income-Tax Act, 1922 (XI of 1922), section 10(2)(vii) In 1962 Amendment, it said for the purpose of sub-section(1) the business will "be deemed to be carried on by Assessee in the ye......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....enjoying peaceful and undisturbed possession of the said properly through three of her sons, Habibuzzaman, Rashiduzzaman & Sinku Akramuzzaman who have jointly set up an office for their various businesses in the said house and have also been using part of it in storing equipments and other mer...... Shahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......…………………………….Respondents Judgment November 1, 1989. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......……………….......................Petitioners Vs Messers Business Resources Ltd. & others...................Respondents Judgment March 29, 1989. Result: The petition for special leave is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
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