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Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....dent Nos. 1-3 to the writ-petition in its revisional jurisdiction under section 196B of the Customs Act, 1969 setting aside the order dated 28-1-88 passed by Member, (Appeal and Revision). National Board of Revenue in Appeal No. 1 (78) Cus-(6, 87)reversing the order dated 4-6-97 of the Collector ......essel AL-Sara sailed for Chittagong port from Penag with cargo for Chittagong, Colombo and Maldives Ports. The local agent on receipt of information regarding sailing of the vessel applied to the Director General, Department of Shipping under Bangladesh Flag Vessels (Protection) Rules, 1982 fo..Category: Business or Commercial Law | Date: | Hits: 96
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......ted 28-1-2001 passed by the Administrative Appellate Tribunal in Appeal No. 127 of 1999 allowing the appeal by majority view. 2. Short facts are that the appellant while working as Project Director of Rural Women Employment Creation Project, the Bureau of Anti-Corruption on 16-11-1994 l..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....lso evolved through the experience of centuries. It is here where our local government institutions differ. Since Independence from the British, the local government bodies, particularly the District Boards and Municipal Committees were superseded by the Government very often, not so much on the gro......s of the Parishads, who were in fact officers and employees of the Government but were "deemed to be on deputation to the Parishads" have been reverted to their respective Ministries, Departments and Directorates and are now working directly under their immediate superiors posted at the District Hea..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......_______________________________________________________________________________________________________________3. It was stated in the application that the judgment‑debtor No. 2 was formerly a Director of the UCBL. He had 25,000 shares of Tk. 100 each in the said Bank. The Bank in due course..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... Cases Referred to- Andre Paul Terence Ambard Tobago Vs. The Attorney‑General of Trinidad AIR 1936 (PC) 141; MA Awal Vs. Ehtesham Hyder, 28 DLR (HD) 285; Ilkley Local Board Vs. Oswald Lister (1895) 11 TIR 1976; Dunn Vs. Bevan [1922] 1 Ch. 276; Lord Russel of Killowe......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....nd that answer‑scripts of 176 examinees were smuggled in from outside as these scripts were in the handwritings of different persons. On consideration of the report of the Committee, the Discipline Board of the University submitted a recommendation to the Syndicate, which, by a resolution dated 29......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....al house or land in his name or in the name of his wife, children, dependants or in benami within the greater Dhaka city area either being allotted by DIT or by any Government Housing Estate or by Board of Revenue or through purchase or inheritance. Final allotment letter of plot No. 10 Block No......t No. 4 submitted an application dated 3.9.85 to the Estates Officer, former DIT, praying for permission for transfer of the said plot to the appellant with building constructed thereon. The Deputy Director (Estates) DIT by a letter dated 29.12.85 agreed to consider the prayer for permission pro..Category: Property Law | Date: | Hits: 110
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....ot exercised in accordance with law. The High Court Division while declaring the order of termination to have been passed without lawful authority correctly repelled the appellants’ contention. The Board’s ratification of the order after it was struck down by the High Court Division will have no......ion for termination of service." 3. The respondent's main contention before the High Court Division was that his service could only be terminated by the appointing authority and that the Managing Director of the Trust, at whose instance the order was passed was not his appointing authority at th..Category: Employment/Service Law | Date: | Hits: 93
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......Ed. ..Category: Administrative Law | Date: | Hits: 130
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....amp; Co. Vs. Auerbach reported in 1908 (2) KB 161; Entores Ltd. Vs. Miles Far East Corporation 1955 (2) QBD 327; Champaklal Vs. Nectar Tea Co. AIR 1933 Bom, 179, Arthur Butler and Co. Vs. District Board, Gaya AIR 1947 Patna; AIR 1931 Cal. 659; Peoples Insurance Co. Vs. Benoy Bhusan AIR 194......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
...., shortly the Rules, Rule 4 of which classifies land in Cantonments into three categories‑(1) Land which "is vested in His Majesty". (Classes A and B); (2) Land which “is vested in the Cantonment Board" (Class C) and (3) Land which falls into neither of the first two categories. The disputed lan......ivision
(Civil)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment Directorate, Ministry of Defence, Dhaka Cantonment and oth..
Category: Property Law | Date: | Hits: 68
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......ain Muhammad Ershad, the accused petitioner, is facing trial on a charge of corruption in Special Case No. 7 of 1991 before the Divisional Special Judge, Dhaka. 2. Following an FIR by the Deputy Director of the Bureau of Anti‑Corruption on 8.1.1991 charge‑sheet was submitted on 17.2.91 and ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......nt dated 14.9,72 were produced by the assessee in support to its claim of allowance before the taxing authorities. The Tribunal, instead of relying on assessee's own paper the Agreement, where the Director for the Company recorded his appreciation for the staff "for its loyalty and sense of..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....e statement which had been inadmissibly obtained, altering lion fundamental rules of evidence so as to facilitate their conviction and altering ex post facto the punishment to be imposed on them. The Board held that the Acts involved the usurpation and infringement by the legislature of judicial pow......dia AIR 1987 SC 386; Minerva Mills Ltd. Vs. Union of India AIR 1980 SC, 1789; Bangladesh Vs. Abdur Rab 33 DLR 143, Jamil Huq and eleven others Vs. Bangladesh 34 DLR (AD) 125 and Serajul Islam Vs. The Director of Food 42 DLR (AD) 199; In the matter of Reference by the Parliament of Pakistan 9 DLR (19..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....f’s service under the appellant still exists. It was his case that after liberation Pakistan National Oils Ltd. was declared as an abandoned property and it was being managed by a Management Board under the name and style of Jamuna Oil Company Ltd. After the creation of Bangladesh Petroleu......on that before dismissal the plaintiff was not asked to show cause against the proposed punishment. Relying upon the admission of the appellants in their written statement and the cases of Managing Director, Janata Bank Vs. Hafizuddin Ahmed, 29 DLR (SC) 39, ASA Noor Vs. Registrar, Joint Stock Co..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....earned brothers ATM Afzal and Latifur Rahman, JJ. I agree with the decision of brother ATM Afzal J. ATM Afzal J.- These two appeals by leave CA 22/91 by the Collector of Customs and the Chairman, Board of Revenue, and CA 23/91 by the two auction‑purchasers, arise out of the same judgment and o......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....any order of such a court under section 115 of the Civil Procedure Code. Another Division Bench, in different contexts, in Bangladesh Fishermen's Co‑operative Ltd. 27 DLR 367 and in Management Board, AR Howlader Jute Mills Ltd. 28 DLR 369, held the view that Labour Court is not a civil court.......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......in respect of the said assesment year, the Income-tax Officer found that a fresh loan of Rs. 30000/- was shown to have been taken from Mst. Sugra Begum, the mother of Ata Hossain Khan, the Managing Director of the Company. The Income-tax Officer was not satisfied as to the genuineness of this loan..Category: Fiscal/Taxation Law | Date: | Hits: 164
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....further orders, the management of the different industrial units mentioned in Groups 'A' to 'F' including all the properties and assets wherever located in Bangladesh, and to appoint the management Board indicated under each group to operate the Mills and generally conduct all their affairs, inclu......res 4. Mr. Sabbir Husain - 2,500 " These share-holders belonged to Dawoodi Bohra Community permanently residing at 43E, Cantonment Bazar Area, Dacca. The first named three shareholders were the Directors. Mrs. Batul Bai is wife of Mr. Sajjad Hossain and Sabbir Hossain is the son of Sajjad Hoss..Category: Business or Commercial Law | Date: | Hits: 129
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