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Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)

....served that the decree passed in Other Class Suit No.139 of 1984 is not binding upon the plaintiffs, that the defendant No.1 did not make any statement that he constructed homestead on the suit lands prior to the institution of the suit, that though P.Ws.3, 4 and 6 failed to mention the date of disp......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ..

Category: Property Law | Date: | Hits: 18

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....i died and after her death her only heir Khepa Chand Bairagi inherited the suit property and possessed the same along with the members of his fami­ly running harbal medicine business there­in; that prior to that there was no Deity in the suit property and the C.S. recorded bargader also did not po......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..

Category: Property Law | Date: | Hits: 29

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......ynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Anath Chandra Barman………………Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land, Bangladesh Secretariat Building, Ramna, Dhaka and others ........Respondents ..

Category: Property Law | Date: | Hits: 26

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......d Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Nazrul Islam and another…………..Petitioner Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh Government, Bangladesh Secretariat, P...

Category: Property Law | Date: | Hits: 23

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......ion for condonation of delay the same was con­doned. 6. The learned Counsel submitted that the instant Plot No.NE (O)-4 situated at Road No.90, Gulshan, Dhaka an abandoned property belongs to the Ministry of Housing and Public Works like other abandoned property and RAJUK adminis­tered the tend..

Category: Limitation Law | Date: | Hits: 154

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......n 1964 but stating, inter alia. that he could not be made permanent or regular for want of sanction order for making him permanent staff, from the government, during the period of his service in the Ministry of Irrigation, Flood Control and Water Resource, wherefrom the respondent No. 2 was made to..

Category: Labour and Industrial Law | Date: | Hits: 110

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ...... rules framed there­under illegally took possession of the house as abandoned property. The respon­dent made several representations to the Government and the last one was made on 11.10.1993 to the Ministry of Works for restoration of possession of the house in her favour by evicting the unauthori..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)

.... not find any legal infirmi­ty   in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ...... inform about the demands of the petitioner and out of 11 offices only Sub Assistant Engineer (Electrical) gave clear­ance and the office of the Financial Adviser, Rajshahi gave no objections and no clearance certificate was produced by other offices. The Administrative Appellate Tribunal according...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the secretary, Ministry of Communication, Bangladesh Secretariat, Dhaka and others...........Petitioner Vs ..

Category: Employment/Service Law | Date: | Hits: 67

Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)

....g on their business in the market with their respective trade marks and thus they were in the concurrent use of the respective trade marks since 1996 and there arc no materials on record to show that prior to September 2000 the respon­dent No.1 did try to protect its trade mark 06661 under the Trad......ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ......ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ..

Category: Intellectual Property Law | Date: | Hits: 211

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....import of all goods by the second party shall be subject to pay­ment of all applicable duties, taxes and other charges as are normally applicable to import of such goods". 15. It may be mentioned prior to the sign­ing of the contract PSI Agency wrote on November 21, 1999 to the National Board o......proved pre-shipment inspection agency will be accepted as the basis for assessment". 10. This provision of law was inserted at the instance of the importer for the pur­pose of facilitating speedy clearance of the imported goods. It may be mentioned from the language of the section it is seen tha......reinbefore PSI Agency for the service rendered submitted bill and the authority made payment for some time without deducting VAT. On March 11, 2001 NBR wrote to the Internal Resources Division of the Ministry of Finance about the realization of VAT and income tax from the bill submitted by the Pre-s..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Anti-Corruption Commis­sion Vs. Sigma Huda and another, 2008, 37 CLC (AD)

....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......orruption Commission Act, 2004 and section 109 of the Penal Code alleg­ing, inter alia, that the informant has been working as an enlisted contractor with the Roads and Highways Department under the Ministry of Com­munications since 1988 and received 5(five) work Orders from the Ministry of Commun..

Category: Anti-Corruption Laws | Date: | Hits: 143

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

....f 3-7-94 and to allow the respondents to take delivery of the oil imported by them on assessment of customs duty on the basis of tariff value in respect of imports where letters of credit were opened prior to the dele­tion of the tariff value. 6. The respondents filed affidavit-in-reply conte......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..

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

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......vision in Writ Petition No. 6219 of 2007.) Judgment Md. Abdul Matin J.- These two appeal Nos.111 and 112 of 2008 at the instance of the Government and Kazi Habibul Awal, Secretary-in-charge of Ministry of Law, Justice and Parliamentary Affairs respectively having arisen from the self-same jud..

Category: Constitutional Law | Date: | Hits: 207

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....1968 PCrLJ 97, a case initiated under the provisions of the West Pakistan Suppression of Prostitution Ordinance, 1961 providing that the investigation into the allega­tions could not be made without prior permis­sion of the Magistrate, that where a power is given to do a certain thing in a certain......there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

.... 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) 1019. ...... 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) 1019. ......etitioners adapted another resolution against him, seemingly under advice of Mia Sultan Hussain and in pres­ence of the Chief Engineer and distributed it to the higher authority, including the Ministry of Education and thereby lowered his image. On 29.08.1998 the complainant came to learned ..

Category: Criminal Law | Date: | Hits: 116

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....adrasa not only contravenes section 3(1) and 17 (2) (b) of the Madrasa Education Ordinance, 1978 but also offends the principle of natural justice in canceling the recognition of the Madrasa as no prior notice was issued calling  upon  the  concerned  Madrasa authority to ex......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ...... ADC (2009) 1016. ..

Category: Employment/Service Law | Date: | Hits: 146

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....ch as the privileges allowed by the bank in waving interest and allowing payment of the balance loan outstanding amount in installments were not commu­nicated in one hand and on the other hand prior to expiry of the date allowed for pay­ment of the installments the suit has been filed an......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..

Category: Civil Law | Date: | Hits: 136

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009....... multistoried commercial cum-residential building on the case plot. Then on 22.08.2007 petitioner came to know from RAJUK that respondent No.7 along with other 8 persons obtained approval of plan and clearance from RAJUK for construction of high rise building by submitting deed of other plots and th......the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...

Category: Tenancy Law | Date: | Hits: 214

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......ch Tk. 50,000/- was paid by him as earnest money. It was stip­ulated that the sale deed would be execut­ed and registered in favour of the plaintiff within 3(three) years after receiving income-tax clearance certificate as well as the payment of balance consideration, failing which the plaintiff w......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...

Category: Limitation Law | Date: | Hits: 255

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ...... April 17, 2009. Cases Referred To- 45 DLR (AD) 69; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others 39 DLR (AD) 85; Bangladesh, represented by the Secretary, Ministry of Establishment Division and others vs. Mahbubuddin Ahmed 50 DLR (AD) 154. 39 DLR (AD). ..

Category: Civil Law | Date: | Hits: 149