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H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)

....r Section 233 of the Companies Act, 1994. 4. The respondent No. 3  i.e. Bengal Tiger Cement Industries Ltd. (hereafter referred  to as the "company" or BTCL") is a public limited company having its corporate office at Iqbal Center (17th Floor) , Kemal Ataturk Ave......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 565. ..

Category: Business or Commercial Law | Date: | Hits: 193

M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)

....No.172 of 2000 which was dismissed for default and the said Miscellaneous Case does not involve any substantial question of law as to the interpretation of the Constitution or any point of general public importance and, therefore, the High Court Division acted without jurisdiction and committed ......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ..

Category: Property Law | Date: | Hits: 23

Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)

....ted in a shocking and revolting crime would render the justice System of the country in question and to award inadequate sentence under sympathy would do harm to Justice System and would undermine public confidence in the efficacy of law. 7. Accordingly there is no illegality or infirmit......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..

Category: Criminal Law | Date: | Hits: 50

Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)

....e heard analogously and disposed of together by the impugned judgment. 2. The case of the petitioner relevant for disposal of these petitions are that the Government of Bangladesh considering the public suffering in road transport system in the city areas took several steps and schemes for the......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)

.... their service to be guided under the Industrial Relation Ordinance, 1969, Act, No. XXII of 1974 and Act No. XXXII of 1975 and the Authority of the Palli Daridra Bimochan Foundation being statutory public authority an industry can not frame any service regulation in violation of the Industrial Re...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ..

Category: Employment/Service Law | Date: | Hits: 68

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

....ion was made for appointment of a Private Engineering Firm for assessment of compensation, the learned Arbitrator instead of accepting the said prayer ought to have taken steps for performance of the public duty by the Government functionary as per provision of law and he having had not done so we f......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)

....er that the Rule 55 (2) of the Rules is contrary to the provision of Public Servants Retirement Act, 1974 (the Act) since the said Act does not provide for termination of the service of a person in public service or in the service of statutory corporation to which the Act applies. 3. The c......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed.    Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 61

Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)

.... was under acquisition and the land in question falls within the Gulshan Lake and as such the question of permis­sion to treat the plot as residential one is in every respect detrimental to the public interest and also from the point of envi­ronment. 6. It was contended that sever......t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..

Category: Property Law | Date: | Hits: 28

ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)

....t years. In view of the above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......t years. In view of the above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ..

Category: Civil Law | Date: | Hits: 101

Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

....tor and hence the further promulga­tion of the case will amount to an abuse of the process of the Court. 3. We have already noticed that the Managing Director of Private Company is not a public servant and as such the offence committed by him were not tribal by the Special Judge under...... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is con­cerned. Ed. This Case is also Reported in: II ADC (2005) 801. ..

Category: Criminal Law | Date: | Hits: 38

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

.... reads as follows: 133. Subject to the provisions of this Constitution Parliament may by law regulate the appointment and conditions of service of persons in the service of the Republic: Provided that it shall be competent for the President to make rules regulating the ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..

Category: Employment/Service Law | Date: | Hits: 106

Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)

....tion 98 of the Code of Criminal Procedure by issuing a search warrant and the entire endeavor of the complainant petitioner was to victimize or to harass or to insult the respondent No.1 before the public in general. 7. We are of the view that the High Court Division on proper consideratio......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ..

Category: Criminal Law | Date: | Hits: 47

Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)

....rail, Plot No.1859 S.A. Khatian No.192/13 appertains to Dag Number 116 of Abdul Taluk Number 1102/30 measur­ing about 14 acres equivalent to 1/2 Kedar and meets and bounded by, in the east the public path and thereafter the residence of the plaintiffs, in the West the residence of defendant ......ind no sub­stance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ..

Category: Property Law | Date: | Hits: 31

Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)

....ce dated 12.6.1979 the purpose of requisition was mentioned  as "Residential Zone under the Scheme Development of Cox's Bazar as Health Resort" which cannot be contemplated as  public purpose as required under section 3 of the Emergency Requisition of Property  Act, 194......is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed.  Ed. This Case is also Reported in: VI ADC (2009) 406. ..

Category: Property Law | Date: | Hits: 50

Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)

....Letter of Credit No.2031299231 and Bill of Lading NYKS00437056-7 on payment of all duties, taxes and charges and take them in its own custody. Then the Bank will sell the buses at the market price in public sale after giving at least seven days notice by publishing sale advertisement in two well cir......Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ..

Category: Business or Commercial Law | Date: | Hits: 142

Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)

....uns counter to the inter­est of the people of the Union Parishad concerned. Over and above the purported shifting of the office of the Union Parishad will require huge amount of money from the public exchequer. The present office of the Union Parishad at Amanta Mouza is best suited for the l......y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ..

Category: Property Law | Date: | Hits: 32

Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)

....matograph apparatus to be used therein, complete plans, elevations and sections of the prem­ises-etc., a site plan of showing position of the premises in relation to any adjacent premises and to the public thoroughfares upon which premises about and arrange­ments for parking of cars and vehicles,......e Cinema Hall. There is no material on the record that the so called dis­pute relating to ownership of the Cinema Hall was of such nature or extent giving rise to a genuine apprehension of breach of peace and that being absent there is no occasion for the respondent No.1 to place the management of ..

Category: Civil Law | Date: | Hits: 128

Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)

....e that the writ petitioners are citizen of Bangladesh. They were appointed by and have all along been officers of the Bangladesh Chemical Industries Corporation, in short BCIC, which is a statutory public corporation. Under orders of the BCIC, the writ petitioners were serving in the head office ......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ..

Category: Employment/Service Law | Date: | Hits: 64

Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)

....out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ..

Category: Others | Date: | Hits: 270

Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)

....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......in RS Plot No. 415 under the RS Khatian No. 171. The said Abeda Khatun constructed a three-storied building on the said land known as No. 1/A, Fakirapool, DIT Extension Road. While she was enjoying peaceful right, title and pos­session in the said land she died leaving behind 3(three) sons, i..

Category: Property Law | Date: | Hits: 22