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Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)

....llary to requisition of land and as such the direction of the High Court Division is beyond the scope of jurisdiction of the High Court Division under Article 102(2) (a) (i) of the Constitution of Bangladesh. He also submits that the High Court Division committed illegality in upholding the argu......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..

Category: Property Law | Date: | Hits: 41

HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)

....ed an appli­cation for arrest of 'MV Lady Fatima' and 'MV Dali' berthed at Chittagong Port, Chittagong before the High Court Division contending that the plaintiff is a company incorporated in Bangladesh under the Companies Act, 1994 and is the owner of a number of seagoing vessels and carri...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 513

James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)

....ter of credit was enhanced to US$ 7, 50,000 and the said letter of credit was opened through Philadelphia International Bank, New York, the LC opening bank. Agrani Bank was the negotiating bank in Bangladesh. The plain­tiff submitted the bill of lading to defendant No. 7, Agrani Bank, the L/......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..

Category: Business or Commercial Law | Date: | Hits: 178

Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)

....lso Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..

Category: Property Law | Date: | Hits: 30

Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)

....e Tribunal was justified in dismissing the appeal in limine on the ground of non-fulfillment of requirement under Section 158(2) (b) of the Income Tax Ordinance, 1984? (b) Whether the Bangladesh Taxes Appellate Tribunal was justified in law in not considering the appeal on merit un......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..

Category: Fiscal/Taxation Law | Date: | Hits: 89

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

....hort, is that the accused petitioner was a Chairman of Cox's Bazar Pourashava and in such capacity he received a Cheque dated 20.10.1984 for an amount of Tk. 10 lac donated by the then President of Bangladesh for development works of the Pourashava and that the Cheque was deposited by opening a ......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ..

Category: Criminal Law | Date: | Hits: 43

Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)

.... affidavit-in-opposition denying the material allegations and contending that VAT System is a modern concept in the taxation system of the world and it is also an indirect tax being substituted in Bangladesh in the year 1991 in place of Sales Tax and accord­ing to the provisions as laid down......e is no illegali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......e is no illegali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......e is no illegali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)

.... the High Court Division are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including t...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569....... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569....... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569...

Category: Property Law | Date: | Hits: 28

H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)

....rporate office at Iqbal Center (17th Floor) , Kemal Ataturk Avenue, Banani C/A, Dhaka-1213 and Marketing Office at 29, Showrawardi Aveneu, Block # K, Baridhara Model Town, Dhaka-1212, registered in Bangladesh. That company is primarily engaged in manufacturing Portland Cement. 5. The prese......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 565. ..

Category: Business or Commercial Law | Date: | Hits: 193

Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)

....88 of 2007) 3. Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 22, 2008. ......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: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......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: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......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: VI ADC (2009) 554, 19 BLT (AD) (2011) 158...

Category: Criminal Law | Date: | Hits: 78

Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)

....oynul Abedin J Md. Abdul Matin J Mohsena Akter Khatun……………………Petitioner Vs. Chairman, First Court of Settlement, Bangladesh and others…….......Respondents Judgment August 6, 2008. ......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: VI ADC (2009) 551. ......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: VI ADC (2009) 551. ......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: VI ADC (2009) 551. ..

Category: Property Law | Date: | Hits: 26

M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)

....min CJ Mohammad Fazlul karim J Md. Joynul Abedin J Md. Abdul Matin J M.A. Aziz………………..............Petitioner Vs. Bangladesh repre­sented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secr......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ..

Category: Property Law | Date: | Hits: 23

Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)

....also Reported in: 14 MLR (AD) (2009) 298. ......ision 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 Reported in: 14 MLR (AD) (2009) 298. ......ision 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 Reported in: 14 MLR (AD) (2009) 298. ......ision 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 Reported in: 14 MLR (AD) (2009) 298. ..

Category: Administrative Law | Date: | Hits: 189

Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)

....The said writ petitions were heard analogously and disposed of together by the impugned judgment. 2. The case of the petitioner relevant for disposal of these petitions are that the Government of Bangladesh considering the public suffering in road transport system in the city areas took several......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)

....Palli Daridra Bimochan Foundation applied for Registration of Trade Union under Palli Daridra Bimochan Foundation in the name and style of “Palli Daridra Bimochan Foundation Kormochari Union, Bangladesh under the provision of section 8(1) of the Industrial Relation Ordinance, 1969" whi...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ..

Category: Employment/Service Law | Date: | Hits: 68

General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)

....e Division (Civil) Present: M.M. Ruhul Amin CJ Md. Abdul Matin J   Md. Abdul Aziz J        General Manager, Bangladesh Railway……………….Petitioner Vs. Badr...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed.  Ed. This Case is also Reported in: ...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed.  Ed. This Case is also Reported in: ...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed.  Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 27

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

....abna and Others……………Appellants Vs. Al-haj Md. Abdul Latif Biswas and another……………..Respondents Judgment May 7, 2007. Cases Referred To- Sayeda Mazada Khatun Vs. Bangladesh Shilpa Rin Sangstha 55 DLR (AD) 82 (85); Aminul Islam and others Vs. M/s. James Finly and......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Chayon Ahmed Chowdhury Vs. Bangladesh Water Development Board, 2007, 36 CLC (AD)

....Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J Chayon Ahmed Chowdhury…......Petitioner Vs. Bangladesh Water Development Board, represented by its Director General, WAPDA Bhaban, Motijheel Co......e discussion made hereinabove we do not find any merit in the petition.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......e discussion made hereinabove we do not find any merit in the petition.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......e discussion made hereinabove we do not find any merit in the petition.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 106

M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

.... This Case is also Reported in: ......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 98

Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Secretary, Bangladesh Jute Mills Corporation, Adamjee Court, Motijheel, Dhaka..…Petitioner Vs. ......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed.    Ed. This Case is also Reported in: ......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed.    Ed. This Case is also Reported in: ......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed.    Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 61