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Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

....icate Review Case No. 16 of 1989 by the Additional Divisional Commissioner, Dhaka Division Dhaka and the order dated March 14, 1991 passed in Certificate Case No. 2-42/89 passed by the Land Appeal Board, Dhaka are illegal, void, without jurisdiction and not binding upon the plaintiff. 2........ The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 77

Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)

....ion) Rules 1995 which runs as follows :- "6. Qualification, etc., of candidates.- (1) Candidates seeking licence of Nikah Registrar must possess Alim Certificate from a Madrasha Board established under any law for the time being in force. (2) A candidate seeking lic......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 178

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......strative Tribunal Case No.282 of 1999 rejecting as premature the application filed under section 4(2) of the Administrative Tribunal Act, 1980 for respondent's reinstatement in service as Assistant Director after setting aside the order dated 11.11.1999 putting him under suspension and also the ..

Category: Administrative Law | Date: | Hits: 124

Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)

....he same was registered duly  by the Registrar of Joint Stock Company and the accused appellant No.1 was made Managing Director and the accused appellant No.2 was made one of the Directors of the Board of Directors; that on 15.9.1993, a cheque amounting to Tk.42,093/- was issued from the Rupali ......l Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Director and Director of the Company not depositing the remittance with the account of the company b..

Category: Criminal Law | Date: | Hits: 50

Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)

....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Habibur Rahman.........................Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment July 31, 2005. Result: The appeal i..

Category: Civil Law | Date: | Hits: 130

Jamal Soap Factory, Narayanganj Vs. Commissioner of In­come Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)

....ncome-Tax Officer may think fit to impose; or (b) In the case of any person, business or company or class of person, business or company such period as may be determined by the Central Board of Revenue or by such authority as the Board may authorise in this behalf; or (c) where......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Esta­blishment Div & ors, 1980, 9 CLC (AD)

....which ended in final report and the appellant was discharged from the case, proceedings were initiated under Article 5(a) of the President's Order No 67 of 1972 against the appellant. The Screening Board recommen­ded withholding of three increments of the appellant but the appointing authority pa......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..

Category: Employment/Service Law | Date: | Hits: 70

Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)

....ms under section 156(1) (9) and the trawlers confiscate under section 157 of the Customs Act, 1969 by orders, dated 16-2-77 and 23-8-77. The order of 16-2-77 was chal­lenged in a Revision before the Board of Re­venue but with no effect. Respondents chal­lenged the orders of confiscation mainly on......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 246

Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)

....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ...... have been set apart for being expended in future as the wakf deed has itself earmarked it for charitable or religious purposes. In support of this contention Mr. Huq has referred to the case "The Director of Taxa­tion Excise Vs. Mehdi All Khan Panni reported in the Bangladesh Tax Decisions, 197..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)

....y order as to costs. ORDER OF THE COURT According to the majority view the app­eals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......ts. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..

Category: Trust/Waqf Law | Date: | Hits: 239

A. Z. Rafique Ahmed Vs. BD Council of Scientific and Indus­trial Research & ors, 1980, 9 CLC (AD)

.... many as 32 clauses which elabora­tely provide the different provisions for regu­lating the functioning of the Council. Some of the clauses are quoted below. Clause 4 provides for constitution of a Board. It reads as under: 4. Board.- (1) There shall be a Policy Board of the Council whi...... Tech­nological Research Division; (d) The member (Science), (e) The member (Technology), (f) One of the Joint Secretaries of the Industries Division nominated by that Division. (g) The Director General, Investment Pro­motion and Supply. As per clause 14 the Chairman of the Counc..

Category: Employment/Service Law | Date: | Hits: 130

Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)

....en by the proper authority. 3. It has been noted above that the com­petent authority did pass an order on his re­presentation dated October 18, 1972 direc­ting the Secretary, Bangladesh Railway Board that the appellant be taken back in his ser­vice. This letter was signed by a Deputy Sec­ret......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ..

Category: Employment/Service Law | Date: | Hits: 77

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......lice force headed by the OC of Dhanmondi PS accompanied the Court's officials who had delivered the possession to the petitioner. But at about 10‑00 PM of the same day, at the instance of the Director General, Radio Bangladesh (Defendant No. 2) the same contingent of police arrested his men..

Category: Property Law | Date: | Hits: 101

New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)

....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......3) of the Bangladesh Shilpa Bank (Direct Sale of Mortgaged Property) Rules, 1980 which says that the Bank may also sell the mortgaged property by private negotiation with the approval of the Managing Director, if reasonable price for the mortgaged property is not offered by any bidder or tenderer. I..

Category: Banking Law | Date: | Hits: 142

Sompong Vs. State, 1993, 22 CLC (AD)

....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..

Category: Criminal Law | Date: | Hits: 62

Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)

....of the proviso to sub‑section (1) of section 8, that the 'grounds' must include facts as well. Grounds are not only necessary to enable the detenu to make a representation before the Advisory Board, constituted under section 9, they are the starting points both for the Advisory Board, whil......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)

....had its own factory in Tongi Industrial Area. It owned the industrial enterprise. While the Company was in possession, control and management of its industrial enterprise and other properties, the Board of Directors and officers of the Company were forcibly dispossessed there from on 29.1.72 by ......of by the impugned Judgment of the High Court Division dated 5 March 1991. 3. Respondent No. 1 is a Company named and styled M/s Dhaka Steel Works Ltd. and respondent Nos. 2‑4 are its Directors. This Company, along with its assets and properties, will be referred to, in this Judgmen..

Category: Property Law | Date: | Hits: 65

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

....erroneously held that the petitioner illegally inserted a clause in paragraph 20 of the Lease Deed exempting the precondition of a construction before transfer, overlooking an earlier decision of the Board of Trustees dated September 2, 1986 that had waived the condition for prior construction befor......rd lease form on October 17, 1989. The allotments were made to the thirteen applicants with the ulterior motive to give the land to the JPL whose Chairperson was Raushan Ara Begum. Abdus Sattar was a Director of that company. The accused made the transaction illegally in collusion with each other to..

Category: Anti-Corruption Laws | Date: | Hits: 302

Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)

....ahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents Judgment August 31st, 1992. Law...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..

Category: Criminal Law | Date: | Hits: 71

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

....volved To: Banarasi Prashad vs. Kashi Krishna Narain, IR 28 IA 11; Radha Krishna Das Vs Rai Krishna Chand. LR 28 IA 182, Radhar Krish­na Ayyar Vs. Swaminatha Ayyar, LR 48 LA 31; Member, Board of Revenue Vs Akhtar Khan, PLD 1968 SC 270; Shasi Bhusan Vs Asgar Ali, 20 DLR (SC) 217; McCab......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ..

Category: Constitutional Law | Date: | Hits: 716