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Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....plea of noncompliance of section 55 of the VAT Act the encashment of the bank guarantee has been prevented that will tantamount to granting injunction upon unconditional bank guarantee as against the principle of the case cited above. 13. The learned Additional Attorney General has also brought t......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ...... Reve­nue and others...........Respondents Judgment October 27, 2010. Result: The Rule is discharged. Case Referred to- Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: Ajmalul Hossain, QC, Senior Advocate, ABM Siddiqur Rahman Khan, Affan Ahmed Sid..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......ation 57 DLR 741; Kumudini Hospital Vs. Kumudini Hospital Karmachari Union, 43 DLR 655; Chairman, DIT Vs. Chairman Labour Court, 34 DLR (AD) 37; BRAC Vs. Professor Mozaffar Ahmed, 54 DLR (AD) 36. Lawyers Involved: Mahmudul Huq, Advocate—For the Petitioner. Mahbubul Huq, Advocate—For th..

Category: Labour and Industrial Law | Date: | Hits: 201

Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ...... Judgment August 2, 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. Abdul Hossain Mollah, 44 DLR 79. Lawyers Involved: Sarforaj Meah with Azahar Ullah Bhuiyan, Advocates - For the Petitioner. Fau..

Category: Property Law | Date: | Hits: 88

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......Rahman ............Petitioner Vs. Md. Abdul Awal and others........Opposite Parties Judgment December 3, 2009. Result: The Rule is discharged. Case Referred to- 20 DLR 367. Lawyers Involved: Abu Bakar Siddique, Advocate - For the Petitioner. Anisul Haque, Advocate wi..

Category: Criminal Law | Date: | Hits: 122

Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)

....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......Chittagong……………...Appellant Vs. Burmah Oil Co. (P.T.) Ltd. Chittagong........................Respondent Judgment July 8, 1977. Result: All the appeals are dis­missed. Lawyers Involved: Mozammel Huq Bhuiyan, Advocate, instruc­ted by S.S. Hoda, Advocate-on-record-F..

Category: Fiscal/Taxation Law | Date: | Hits: 143

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....was not interfered with, though the mode of trial of the Court was changed by the provision of elimination of assessors. It was further pointed out that in regard to the proce­dural law, the general principle is that altera­tions in procedure are retrospective unless there be some good reason agai......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......owed. Cases Referred to- Kabir Ahmed Vs. State, (1974) 26 DLR 44; Alam & ors. Vs. State, (1967) 19 DLR (SC) 242; Colonial Sugar Refining Company Ltd. Vs. Irving, (1905) Appeal Cases 369. Lawyers Involved: Ahmed Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record-For..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh and others Vs. G. M. M. Mizanuar Rahman Bhuiyan and others, 2011, 40 CLC (AD)

.... file con­cise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready. Ed. This Case is also Reported in: 9 ADC (2012) 381....... file con­cise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready. Ed. This Case is also Reported in: 9 ADC (2012) 381.......ts (In Civil Petition No.1490 of 2010) Md. Omar Khayum and others....................Respondents (In Civil Petition No.1798 of 2010) Order August 9, 2011. Result: Leave is granted. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-R..

Category: Employment/Service Law | Date: | Hits: 133

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372....... Jahir Uddin and others..........................Respondents (In Civil Petition No. 2513 of 2009) Order February 9, 2012. Result: Leave is granted in all the three civil petitions. Lawyers Involved: Abdul Baset Majumder, Senior Advocate instructed by Mohammad Ali, Advocate-on-R..

Category: Property Law | Date: | Hits: 68

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368....... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368..............Petitioners Vs. Md. Shamsuddin Sheikh........................................................................Respondent Order February 24, 2011. Result: Leave is granted. Lawyers Involved: Mainul Hosein, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-R..

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....ested right in the old evaluation system and further upholding private interest of employees (allowing an antedated promotion and seniority with finan­cial benefits) is thus violative of established principle of jurisprudence developed by the Appellate Division of the Supreme Court laid down in Ban......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218....... December 12, 2011. Result: Leave is granted. Cases Referred to- Bangladesh Vs. Md. Azizur Rahaman, 1994 (46) DLR (AD) 19; (AIR 1986 (SC) 1830; AIR 1987 (SC) 2348; AIR 1982 (SC) 917. Lawyers Involved: M. Amir-ul Islam, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on..

Category: Employment/Service Law | Date: | Hits: 211

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... November 20, 2011. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, Advocate - for the petitioners. No one appears - for th..

Category: Property Law | Date: | Hits: 87

Md. Hanif Talukder and others Vs. Paschim Kawniya Khan Bari Jame Masjid and others, 2011, 40 CLC (HCD)

....ade parties and they have purchased the land during pendency of the suit, they would rise and fall with their vendors and their right and interest whatsoever in the suit land would be governed by the principle of ‘lis pendens’. It is apparent in the records that the petitioners filed the applica......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......................... Petitioners Vs. Paschim Kawniya Khan Bari Jame Masjid and others ............. Opposite Parties Judgment November 29, 2011. Result: The Rule is made absolute. Lawyers Involved: Tushar Kanti Roy, Advocate - for the petitioners. Md. Mubarak Hossain, Advoc..

Category: Procedural Law | Date: | Hits: 77

Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)

.... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... Shahidullah Shaik and others …………….Petitioners Vs. Atahar Shaik and others …………....Opposite Parties Judgment November 14, 2011. Result: The Rule is discharged. Lawyers Involved: S. M. Moonir with Lokman Karim, Advocates - for the petitioners. No one appe..

Category: Procedural Law | Date: | Hits: 74

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ners Vs. Sree Reboti Mohon Saha being dead his legal heirs Sree Rathindra Mohan Saha and others ...Opposite Parties Judgment November 21, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Nurul Islam, Advocate - for the petitioners. Not represented- the Opposi..

Category: Property Law | Date: | Hits: 66

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ue and others……………Appellants Vs. Mustafizur Rahman…………………………………………..Respondent Judgment January 21, 2003. Result: The appeal is allowed. Lawyers Involved: A. F. Hassan Ariff, Attorney General (Borhanuddin, Deputy Attorney General with..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....ble argument whether in the result the watch committee’s decision is void or merely voidable. Time and again in the cases I have cited it has been stated that a decision given without regard to the principles of natural justice is void and that was expressly decided in Wood Vs. Woad {(1974) L.R. 9......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......Nagar Palika, Jaunpur, AIR 1990 Supreme Court 307; Zakir Ahmed Vs. The University of Dacca, 16 DLR 361; Bangladesh Vs. Md. Azizur Rahaman, 46 DLR (AD) 29; Abdul Mazid Vs. Mushafi Ahmed DLR SC 131. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by Md. Sajjadul Huq..

Category: Employment/Service Law | Date: | Hits: 155

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....law that the plaintiffs position shall be taken into account, which was, on the date of institution of the suit and the subsequent event shall not change or affect the position of the plaintiff. That principle has been settled upon the question of payment of advalorem Court fees. In that case the pl......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......l Industries Bangladesh Limited………………Plaintiff-Respondent Judgment March 20, 2011. Result: The appeal is allowed. Cases referred to- 19 DLR (SC) 143; 28 DLR (HD) 392. Lawyers Involved: Fazlul Karim with Md. Omar Faruk - For the Appellants. No one appears - For ..

Category: Property Law | Date: | Hits: 113

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

....ag the suit and therefore, the learned Judge of the trial Court rightly rejected the same. He further submits that amendment of plaint and that of a written statement are not governed by exactly same principle. The defendant should not be allowed to bring alternative and different kind of defense, w......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: .............. Opposite Parties Judgment November 30, 2011. Result: The Rule is made absolute. Case referred to- Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130. Lawyers Involved: Probir Neogi, Advocate - for the petitioners. Abdul Quiyum, Advocate - for o..

Category: Property Law | Date: | Hits: 67

Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)

....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... Nogendra Krishna Kundu and another……………………………………………………………Opposite Parties Judgment November 16, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Amirul Islam with Md. Rezaul Kabir Khan Advocates - for the petitioners. ..

Category: Property Law | Date: | Hits: 76

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....r permanent tenure-holder, such person shall have no right to hold the land as the raiyat but shall hold it as a proprietor or permanent tenure-holder as the case may be. By the amendment of 1907 the principle of merger as contem­plated in section 22 was altered. The most important incident of merg......e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ...... 271; Anwara Begum Vs. Nurjahan, 27 DLR (AD) 109; Manindra Chandra Ghose Vs. Mujibul Islam, 12 DLR 785; Rafiqul Islam Vs. Taibur Rahman, 18 DLR 475; Md. Shukura Vs. Ram Chandra Kapali, 6 DLR, 393. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Supreme Court (Mahbubey Alam, Advo..

Category: Property Law | Date: | Hits: 85