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Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ection Services (SPPS) Project "hereinafter referred to as the project and the respondents were appointed in the said project on different departments under various pay scales under different terms and conditions and that the project initially continued for five years from July 1991-June 19......iz J Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Secretary, Ministry of Planning, Sher-E-Bangla Nagar, Police Station Mohammadpur, District-Dhaka and others…………………………&hell..Category: Others | Date: | Hits: 87
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......ted in the Bank Company Act 1991 and subsection (1) of the above section 15 (Ka Ka) provided that no person shall be a Director of a banking company for more than six consecutive years in two terms, except the chief executive officer by whatever name he may be called and sub-section (2) the......uhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred ..Category: Business or Commercial Law | Date: | Hits: 99
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ...... stipulated time and the High Court Division failed to consider the effect of such breach while deciding the perspective liabilities of the parties and also failed to appreciate that according to the terms of the agreements the respondent No.1 was bound to complete the works within the stipulated ti......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......or importing TSP fertiliser from Belgium worth Taka 19,78,62,294 which on the prayer of the petitioner was enhanced to Taka 20,56,99,094/05 in Bangladesh currency and that according to the terms of the LC the petitioner was to release the shipping documents on payment of the banks dues an......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ...... under which he is proceeded against which cannot be opposed to fundamental rights and the Tribunal is competent to enforce the statute. The matter, arising from a departmental proceeding relating to terms and conditions of service of the petitioner the High Court Division rightly found a bar to its......………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the same offence as referred to in Article 35 relates to criminal ..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......d by the petitioner outside their factory at their sale centres at Bangabandhu Avenue, Dhaka, are manufactured products of the petitioner in their factory or mechanised industrial unit at Tongi. In terms of the aforesaid two notifications if footwears are manufactured by a cottage industry, or non...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Board of Revenue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Company (Bangladesh) Limited ....Category: Fiscal/Taxation Law | Date: | Hits: 114
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ot perform his part of the contract whereupon respondent No. 1 filed the; suit seeking specific performance of the contract. The Government alone contested The suit taking the ground that under the terms and conditions of the Lease Agreement the allottee, respondent No. 2, did not acquire any ......vision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy Commissioner, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..…………..Category: Property Law | Date: | Hits: 40
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....order be forwarded to the Deputy Registrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......nal application, whichever is earlier. In the former case, i.e. on the expiry of a period of four months, the petitioners shall surrender to their bail bonds. 4. The appeal is disposed of in these terms. Let a copy of this order be forwarded to the Deputy Registrar, Jessore Bench, for placing i......tinue only for a further period of four months from date or till disposal of the revisional application, whichever is earlier. Bail matter Interim bail should not continue for indefinite period and such bail shall continue for 4 months further. In case of the revision not being disposed of as ..Category: Criminal Law | Date: | Hits: 40
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......02 Promissory Estoppel Notification dated 3.10.84 under section 19 of the Customs Act was issued without any condition, limitation or restriction excepting those which have been mentioned as “terms and conditions”. The subsequent notification dated 6.11.84 can have no operation when a righ......7. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ...... Notification shall be deemed to have taken effect from the assessment year 1971-72." 10. Mr. Moksudur Rahman has rightly contended that the controversy in question rests primarily on the terms of the President's Order No. 21 of 1973. Little legislative history is necessary. The High Cou......nnot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In that v..Category: Fiscal/Taxation Law | Date: | Hits: 111
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......mployees of the said development project for the fixed period of the project and with the completion of the 1st phase of the project the services of the petitioners were terminated as per terms and conditions of their appointment in the project and as such the petitioners are on longer ......os.2-133(In Civil Petition No. 990 of 2005). Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 passed by the High Court Divis..Category: Employment/Service Law | Date: | Hits: 56
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... the writ petitioners and the applicant respondents are admittedly in the service of Republic and the issue involved in the writ petition i. e. impugned or order of promotion, which relates to the terms and conditions of the service, the same has to be decided by the Administrative Tribunal unde...... Chowdhury J Md. Sarwar..............................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judgment May 24, 2005. Lawyers Involved: M..Category: Employment/Service Law | Date: | Hits: 80
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ion as the learned Artha Rin Adalat could invite bids for sale of the property and hold auction only twice, after which it must vest the right of enjoyment of the property with the decree-holder in terms of Section 33(5) of the Artha Rin Adalat Ain, 2003 which was not followed in the case of the ...... M. A. Aziz J Amirul Kabir Chowdhury J Mohammad Junayed Quader………………..Petitioner Vs. The Learned Artha Rin Adalat No.4, Dhaka and others........Respondents Judgment March 2, 2005. Lawyers Involved: ..Category: Civil Law | Date: | Hits: 94
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ot delegate wide range of powers and authority to respondent No.3 as alleged. It was simply a request to procure good people for becoming sponsor directors of the Bank in strict compliance with the terms and conditions set by Bangladesh Bank and other regulatory authority only. Respondent No. 3 wa......ound in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......he market "requirement as made out by the landlord do not appear to be bonafide. Facts of the case also do not disclose that the landlord was pressingly in need of the suit shops. Moreover, under the terms of the agreement, on such requirement the tenancy could not be brought to an end. Secondly, th...... Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. Lawyers Involved: Mahb..Category: Tenancy Law | Date: | Hits: 180
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......d from the schedule Kha land". 3. Against this backdrop, the plaintiffs, who are appellants before us, filed the civil petition for leave to appeal. Leave was granted in the following terms: "Whether the proposed amendment does change the nature and character of ......Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Shafiqul Islam Chowdhury (Md.) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents ..Category: Property Law | Date: | Hits: 39
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......;no application in respect of an order, decision or action which can be set aside, varied or modified by a higher Administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic or of any statutory public authority or the dis......K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-Fo..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......e was opposed by the respondent No. 4. 6. It was contended on behalf of the writ petitioner-appellant that he is the lessee of the Chundeecherra Tea Estate for 35 years and as per terms of the lease deed the respondent Nos. 1 and 2 have no authority to lease out the property of...... CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment September 6 2007. Lawyers I..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......li Bank Limited, disbursed certain amount of loan to the appellant for construction of commercial building (Supermarket) in Chuadanga town. The appellant having failed to repay the loan as per terms of the loan agreement the suit was filed by the respondent No. 1 against the appellant for r......im J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. ..Category: Banking Law | Date: | Hits: 157
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......itted an error of law in holding that the petitioner herein is not entitled to act as Mutwali without considering that the Petitioner herein was appointed Mutwali from the 3rd group in terms of Waqf deed and in accordance with the judgment and order dated 07.05.2001 of the Appe......han...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 of 2007) Nawab Katara, (Nimtoli) Dhaka and other………Respondents (In C.P. No.745 of 2007). M. Rafiul Karim & ..Category: Trust/Waqf Law | Date: | Hits: 199
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