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Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ...... present appellants preferred petition for leave to appeal before this Division. In both the appeals the facts are similar and the points raised are identical and leave was granted on the following terms: “Mr Mahmudul Islam, learned Attorney-General for the petitioners in both th...... an order of stay of transfer, the High Court Division also cannot exercise such power……(10) Case Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- &nb..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......greement what has been submitted by the learned Counsel for the petitioner. The opposite party is required to keep himself within the confines of Exhibit l. He cannot whimsically vary or alter its terms and conditions. He cannot work out a period of his own choice for termination of determinatio...... Civil Appeal No. 98 of 1998. Judgment Md. Fazlul Karim J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a rental..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......the Board's decision dated 18th December, 2000 revising its earlier decision dated 13th September, 2000 and thereupon intimating the petitioner date of opening of its price bid contending that as per terms of the tender if a bidder is found responsive on its scrutiny of technical bid only then price......ies is desired to prevent exercise of the same for collateral purpose, transparency of the decision making authority is a recognized matter to find the right balance between administrative discretion and interest of the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmu..Category: Others | Date: | Hits: 130
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......nd of plot Nos. 27 and 29 of ‘Ka’ schedule was sold in auction in a rent execution case and Seratun Nesa and Akitullah purchased the same in auction. But ultimately, that auction was set aside in terms of compromise except in respect of 0.07 acres of plot No. 29. Elemjan Bibi died leaving brothe......urt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Akitullah and others ................... Appellants Vs. Zafala Begum and others...............Responde..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ...... and unqualified by the contract of sale or underlying transaction and the autonomy of the same is required to be protected. The authorising or negotiating Bank is bound to pay when all papers per terms and condition of the letter of credit are presented which appears to the issuing Bank to be c...... KM Hasan J Gooryonly (BD) Textile Ltd ………………….……….Petitioner Vs. Chartkar Information Holding Ltd. and ors………..… Respondents Judgment &nbs..Category: Civil Law | Date: | Hits: 115
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......rent from the objectives of BRAC that BRAC is entitled to engage itself in charitable purposes and other activities set out under section 20 of the Societies Registration Act but nowhere under the terms of registration BRAC is permitted to undertake the activities of sponsoring, owning, controll......bsp; BRAC and others ……………….………Appellants ..Category: Constitutional Law | Date: | Hits: 199
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......ellate court. This appeal is directed against the said judgment and order of the High Court Division. 5. We have heard Mr. Ahmed the learned Advocate for the appellant. He has argued the appeal in terms of the leave granting order and our consideration thereof are hereunder. 6. There is no dis...... (Civil) Present: Mahmudul Amin Choudhury CJ Md. Golam Rabbani J Md. Fazlul Karim J Ishaque (Md) ……………………………..apeallant Vs. Ekramul Huque Chowdhury and others…………Respondent Judgment December 1, 2001. The Evidence Act, 1872 (I..Category: Tenancy Law | Date: | Hits: 70
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... give bonus as incentive to its employees, it was not necessary to have made profit. Under section 3 of Ordinance No. XXIII of 1973, the Government has the overall authority to determine the terms conditions of service of the workers of the state owned Industries. The relevant portion of ...... Sections 10(2)(X) & 16(2)(XVI) Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise…&helli..Category: Fiscal/Taxation Law | Date: | Hits: 66
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... 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. ...... in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put as express embargo in entertainment of any suit or application against any order or actio...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Marfat Ali Miah being dead his legal heir: Firoj Ahammad Bhulu.....Appellant Vs. Sree Jagadish Chandra Sheel and others....................................... Respondents Judgment ..Category: Civil Law | Date: | Hits: 77
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. ......gh Court Division allowed the appeal and thereby restored the suit to its file and number and directed the 5th Court of Subordinate Judge, Dhaka to return the plaint to the filing learned Advocate in terms of the Order 7, Rule 11 of the Code of Civil Procedure. 6. The plaintiff thereupon moved ......nt: 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 is dismiss..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......4,00,000/- (Tk. eighty four lacs) only; that Abdul Khaleque Bain was a citizen of Pakistan and the plaintiff No. 1 has created deeds from Abdul Khaleque Bain by bringing him to Bangladesh; that the terms and conditions of section 8 and 9 (D) of the tender form were not applicable for the disputed...... ..Category: Property Law | Date: | Hits: 54
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......64, 1964-65 and 1965-66 and also filed an application for renewal of registration under section 26A of the Income-Tax Act for the said periods. The assessee-respondent did not comply with the terms of the statutory notices issued under sections 23(2) and 22(4) of the Income-Tax Act, as such...... Shahabuddin Ahmed J Commissioner of Income Tax, Dacca Zone, Dacca ……………………..Appellant. Vs. M/S. Badridas Full-chand, Saidpur, Rangpur... ………………………&he..Category: Fiscal/Taxation Law | Date: | Hits: 76
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......Leave was granted to examine as to whether in view of the undisputed facts the application for lease for the year 1380 B.S. by the appellant has been correctly rejected, in other words, whether in terms of section 3 of Act XII of 1967 amending the Ordinance No. XIX of 1959 the appellant acq...... ..Category: Property Law | Date: | Hits: 93
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......hat notifications dated 2-4-56 u/s 3 of the Act are null and void; (4) that no compensation assessment rolls with regard to the Plff-Debuttor Estate have been prepared or published in terms of the Act a 1 Rules thereunder; (5) that the Debuttor Estate is not acquirable un......Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh represented by the Deputy Commissioner, Sylhet and others ..........Appellants. &n..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......onsideration may be set out: "According to the established principle, in case of a document executed by an illiterate pardanashin lady, the burden lies on those who seek to hold the lady to the terms of her deed to satisfy the Court on evidence that the deed was actually executed by her with ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Moha..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......where the legislature lost right of those judicial authorities which gave strict interpretation to the usufructuary mortgage as used in section 26 G of the Bengal Tenancy Act in accordance with the terms of section 95(a) of the transfer of Property Act". The High Court Division on such considerati...... F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition and T..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ...... from an order dismissing an application to set aside an ex-parte order under section 26F of the B. T. Act. Firstly, the order is not a decree, and secondly, the order was not passed in a Suit and in terms of section 141 of the Code and in a proceeding other than a suit in the civil Court the provis......e is also Reported in: 32 DLR (AD) (1980) 231. ..Category: Property Law | Date: | Hits: 55
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......tayed the operation of the order of the learned District Judge passed in the aforesaid Miscellaneous Appeal No, 366 of 1979. This order was challenged before this Court and leave was granted on the terms whether in view of sections 24, 54 and 56 of the Specific Relief Act the plaintiff respondents......rul Haider Chowdhury J M/s. Hossain Ahmed represented by its proprietor Hossain Ahmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. ….. Respondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Ac..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......the parties, and, in the other, on the ground that the properties were rightly declared as abandoned property. In the context of the facts of those cases, it was ordered that the writ had abated in terms of this Regulation. The observations made in Halima Khatun's case regarding abatement of the w...... Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) a..Category: Constitutional Law | Date: | Hits: 157
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......an offence can send the case in certain circumstances to a Special Tribunal. This proposition becomes clear if the two provisos are considered. 5. Provisos added to Article 3 are in the following terms: "Provided that if, in the course of a trial before a Special Magistrate, the offence ......pondent Judgment February 14, 1980. The Bangladesh Scheduled Offence (S.T) Order, 1972 (P.O. 50 of 1972), Art 241. 4 A Special Magistrate will try the cases of the Scheduled Offences and only in cases of offence under Article 2(4) (f) and the offences committed in the connection wit..Category: Criminal Law | Date: | Hits: 57
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