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M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
.... petitioners were all aware about the provisions of Section 30 of the Customs Act at the time of opening of their respective letters. 6. It also appears that Section 19 confers general power upon the Government to exempt from customs duties; but there is nothing in the statute that t......;ed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners (In all the Civil Petitions). Not represented- the Respondents (In all the Civil Petitions). Civil Petition for Leave to Appeal Nos. 47-49 of 2006. (From the judgment and order dated the 23rd October, 2005 pass......no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ......no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional eviden......aving Account No. 1439. The relevant pass book of the aforesaid Saving Account No. 1439 will be submitted as evidence to prove the aforesaid contention and for that purpose it would be necessary to call for the said records of the Account Ledger Book, etc. from the United Bank Limited now Janata......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ..Category: Procedural Law | Date: | Hits: 173
....illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
......Md. Abdul Matin J
Md. Shahabuddin...............Petitioner
Vs.
Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd. and others .............. Respondents
Judgment
October 30, 2007.
Result:
The petition is dismissed.
Lawyers Involved:
Abdul Baset Majumd......so the livelihood of large number of workers, the balance installments may be accepted.
4. As it appears the High Court Division issued Rule on the following terms:-
"The records need not be called for.
Let a Rule be issued calling upon the opposite parties to show cause as to why the i......illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
..
Category: Civil Law | Date: | Hits: 120
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......e writ petitioners is directed against the judgment and order dated 7.6.2007 passed by a Division Bench of the High Court Division in Writ Petition No. 2119 of 2007 discharging the rule by refusing to interfere with Memo. No. 1146 dated 25.2.2007 issued by the District Cooperative Officer, D......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..Category: Civil Law | Date: | Hits: 126
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......epresented—the Respondent Nos. 5, 8-12 (In Civil Petition No. 1161 of 2007). Not represented—the Respondents (In Civil Petition No. 1157 of 2007). Civil Petition for Leave to Appeal Nos. 1157-61 of 2007. (From the Judgment and Order dated June 7, 2007 passed by th...... their names were listed without proper verification and that also made decision to stop payment of Honorarium since some of the writ petitioners were found not Freedom Fighters. 14. We called upon the learned Counsel representing the leave petitions to address the Court as regard the......egulation 1984, the petitioner was finally granted 'State Honorarium' since 19-10-1999. We also find that the petitioners was listed as disabled Freedom Fighter as per the decision of the 60th meeting of the Board of Trustees of the Trust. Therefore, he as listed disabled freedom Fighter ha..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ...... Wadud Bhuiyan, Senior Advocate, instructed by Abdul Kashem, Advocate-on-Record—For the Respondent Nos. 1-2. Not Represented—Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 621 of 2007. (From the Judgment and Order dated December 11, 2006 passed by th......harers and, as such, by the auction purchase defendants did not acquire exclusive ownership to the land so purchased. The co-sharers i.e. plaintiffs cannot be deprived of their due share by the so called auction sale since the auction purchaser was one of the co-sharers closely related person i.......half of the plaintiff-opposite parties it was contended before the High Court Division that the land as to which declaration of title, confirmation of possession and partition was sought described meeting the requirement of law and was identifiable, that the parties, i.e. the contesting defendan..Category: Property Law | Date: | Hits: 32
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ......dvocate-on-Record—For the Petitioner. Md. Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High ......are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Repo......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....bar will bear in mind the serious consequence of committing contempt of this Court in moving on behalf of a prisoner who is a fugitive from law. The appeal filed by the Counsel on the basis of the power-of-attorney executed by Gul Hassan in favour of Khawaja Muhammad Khan before his absconsion w......min CJ.- I have read the judgments by my brothers Mohammad Fazlul Karim, J and Md. Joynul Abedin, J. I agree with the result of the appeals reached by my brother Md. Joynul Abedin, J. But my approach to the point of law involved in the appeals is somewhat different from that of my brother Md. Joynul......ti-Corruption cases as without lawful authority stating that no process in the aforesaid two criminal cases were issued against him till then. 21. In both the writ petitions rule Nisi was issued calling upon the respondents, Anti-Corruption Commission and the Government of Bangladesh in the...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....r who is still Nikah Registrar for No. 7 Dhalua Union and held that "The 2nd proviso to Section 4 of the Muslim Marriage and Divorce (Registration) Act, 1974 has given unfettered power to the Government to extend, curtail or otherwise limit any area for which is a Nikah Registr......bar Rahman, Advocate-on-Record-For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For Respondent No. 5. Not Represented-Respondent Nos. 1-4. Civil Petition for Leave to Appeal No. 1738 of 2005 (From the judgment and order dated 06.07.2005 passed by the High ......nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ..Category: Civil Law | Date: | Hits: 88
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......rted in: V ADC (2008) 875. ......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ..Category: Tenancy Law | Date: | Hits: 148
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....District Committee, in terms of clause 4 of the lease agreement the leases should have been extended on the basis of the applications for renewal and in the event of shifting of the administrative power of the respondent No.2 to a different authority, which is absolutely an internal administrati......008. Lawyers Involved: Dr. Abul Kashem Md. Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. (In all cases) Hasan Faiz Siddique, Additional Attorney General, Zahirul Islam, Advocate-on-Record-For the Respondents (In all cases) Civil ......ose of the Mines and Minerals Rules, 1968 shall be applicable and prevail inspite of any contrary provision contained in the agreement for lease and clause 4 of the agreement for lease specifically provided that subject to the satisfactory performance and payment of fees, royalties and othe......llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..Category: Others | Date: | Hits: 101
Professor Hamida Banu Vs. Vice-Chancellor, Chittagong University & others, 2007, 36 CLC (AD)
....to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ..................Petitioner Vs. Vice-Chancellor, Chittagong University & others……….......Respondents Judgment August 8, 2007. Case Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, represented by the Secretary, Ministry of Irrigat......to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ......of Tk. 5,000/- to be realized from the petitioner by the University Authority. 2. The case of the writ petitioner, in short, is that the Syndicate of the University of Chittagong in its meeting dated 10.05.2004 resolved to recruit 5 teachers in the Department of Geography and subsequ..Category: Civil Law | Date: | Hits: 134
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....heir pourashavas and they have been paying the electric bills regularly and that violating the relevant Rules the respondent No. 7, by the above memo dated 5.8.2000, is trying to hand over the power supply lines of the petitioners to Rural Electrification Board, the Board, and the above memo...... Involved: Shaheed Alam, Advocate, instructed by Choudhury Mohammad Jahangir Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1714 of 2005 (From the judgment and order dated the 22.6.2005 passed by the Hi......proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also ......irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ..Category: Civil Law | Date: | Hits: 119
Dhaka Mercantile Co-operative Bank Ltd. Vs. Bangladesh Bank, Dhaka & others, 2006, 35 CLC (AD)
.... Counsel for the parties rejected the writ petition summarily holding, inter alia, that under sections 44 and 45 read with section 3 of the Bangladesh Companies Act, 1991, the Bangladesh Bank is empowered to issue such warning to the members of the general public by publishing general notificati......titioner A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record - For Respondent Nos. 2-5 Not represented - Respondent No. 1 Civil Petition for Leave to Appeal No. 281 of 2005 (From the judgment and order dated 01.02.2003 passed by a Division......d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ......d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ..Category: Banking Law | Date: | Hits: 292
Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)
....s not amenable to writ jurisdiction and the same can in an appropriate case be deal with by a civil court. The High Court Division further held that the order Artha Rin Adalat passed in exercise of power under the Code of Civil Procedure cannot be challenged under Article 02(2) of the Constitutio...... Involved: M. Enayetur Rahman, Advocate instructed by Mrs. Sufia Begum, Advocate on-Record - For the petitioners Not represented – the Respondents Civil Petition for Leave to Appeal No. 1054 of 2004. Judgment M. M. Ruhul Amin J. - This petition for leave to......99 Passed by Artha Rin Adalat and Joint District Judge, Dinajpur, respondent No. 1 in a proceeding under Order 21 Rule 89 of the Code of Civil Procedure being Miscellaneous Case No. 16 of 1998 was called in question. The respondent No.3 Rajshahi Krishi Unayan Bank, Birainpur Branch, Dinajpur in...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ..Category: Civil Law | Date: | Hits: 92
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
.... default on the view that because of the expression used in the order of the High Court Division the same was final one and. that on the expiry of the stipulated time the High Court Division had no power to consider the application filed on 6.12.1999 stating the fact in the background whereof the......vision in Civil Revision No. 4256 of 1999). Judgment Md. Ruhul Amin J. - This is a defendant's appeal, by leave, against the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which w......f the court below, i.e. trial Court, having not been filed within the time fixed by the Court the Rule stood discharged since the order of the Court was of the kind which was to take effect automatically in case of default to comply with the order of the Court and that as the order of the Court h......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....oner/respondent distinguished 44 DLR AD 111 submitting that to give effect to Article 136 of the Constitution, Services (Re-organization and Condition) Act 1975 was enacted and section-5 thereof empowered the Government, by order notified in the official gazette, to prescribe united grade and sc......and Others……….....Appellants Vs. Md. Shamsul Huq……………..Respondent. Judgment: August 10, 2006. Cases Referred to- Mujibur Rahman (Md) vs. Government of Bangladesh and others 44 DLR (AD) 111; Bangladesh,......he case of Bangladesh, represented by the Secretary, Ministry of Establishment vs. Shafiuddin Ahmed and 2 others reported in 50 DLR (AD) 27. In such view of the matter, Mr. Mahmudul Islam empathetically argued that the respondent's writ petition is maintainable in as much as those Notifications ......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..Category: Employment/Service Law | Date: | Hits: 104
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
.... capacity or who is an agricultural worker engaged in an agricultural farm, whether ancillary to any industrial unit or not." 4. Section 3 of Act 10 of 1974 provides Government's power to determine terms and condition of service of works of State owned manufacturing industries ......ab Hossain, Advocate-on-Record - For Respondent No. 1. Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented - For Respondent No. 2. Civil Petition for Leave to Appeal No. 608 of 2002 (From the judgment and order dated 14.1.2002 passed by the High Co......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ..Category: Labour and Industrial Law | Date: | Hits: 77
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
....ive Tribunal has exclusive jurisdiction in such matter. It has further been stated that the Bangladesh Civil Service (Examination for Promotion) Rules. 1986 was framed by the President in exercise of power conferred upon him by the Martial Law Proclamation dated 24.3.1982 in which it is stated that ......he Secretary, Ministry of Establishment and others .......Respondents Judgment August 11, 2003. Result: The appeal is dismissed. (a) A law may be constitutional even though it relates to a single individual, if on account of some special circumstances or reasons applicable to h......ce of the writ-petitioner-appellants is directed against the judgment and order dated 16.8.1999 passed by the High Court Division in Writ Petition No. 400 of 1997 discharging the rule that was issued calling upon the respondents to show cause as to why rule 5(1) and 5(3A) and rule 8(2) of the Bangla......ondent No.2 praying for making promotions and postings as per seniority. The departmental promotion committee headed by respondent No.2 in total defiance of laws, rules and the representations held a meeting dated 11.12.1996 under notice dated 7.12.1996, without any specific agenda under headin..Category: Employment/Service Law | Date: | Hits: 133
M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)
....ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......wyers Involved: Giashuddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioner. Not Represented – The Respondent. Civil Petition for leave to Appeal No. 886 of 2003. (From the judgment and order dated 12.03.2003 passed by the High......rejected by the respondent No. I, the Artha Rin Adalat and the High Court Division in its turn came to a correct view in rejecting the application summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is ......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ..Category: Banking Law | Date: | Hits: 90
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