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Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....rries on business, inter alia, of manufacturing and marketing of beverage products having established a modern factory in Gazipur and after taking necessary license from the relevant authority of the Government produced, "malt beverage" and the company markets its products under the trade name "Crow......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132...

Category: Others | Date: | Hits: 144

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..

Category: Limitation Law | Date: | Hits: 154

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....any, a banking compa­ny or a bank, a broker's office or stock exchange, a club, a hotel or a restau­rant or an eating house, cinema or the­atre, or such other establishment or class thereof as the Government may, by notification in the official gazette, declare to be a commercial establish­ment ......e meaning of either of the two establishments. 14. In the case of Director of Ports Vs. 2nd Labour Court, Dhaka the High Court Division held that Inland Water Transport Authority being a statutory body of the Government was not created for any busi­ness purpose to gain any profit therefrom and p..

Category: Labour and Industrial Law | Date: | Hits: 110

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

.... that the disputed building was allotted to Syed Nazir Ahmed, son of late Syed Wasi Ahmed on 07.08.1953 as a refugee for his rehabilita­tion by an Indenture of Agreement con­cluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part,......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..

Category: Property Law | Date: | Hits: 37

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

.....7112 of 1997 making the rule absolute. 2. The facts, in short, are that the respon­dent's father Manzur Ahmed, a refugee from India was allotted a plot in Mohammadpur on 6.1.1960 by the then Government and was put into possession. He constructed two rooms and started living with his family ......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)

.... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the secretary, Ministry of Communication, Bangladesh Secr...... not find any legal infirmi­ty   in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..

Category: Employment/Service Law | Date: | Hits: 67

Commissioner of Customs, Customs Excise and VAT, Chittagong & others Vs. Talha Tex Pro Limited, 2008, 37 CLC (AD)

....re seized illegally without any valid docu­ment and without issuing any seizure list. In the supplementary affidavit the writ petitioner submitted that the Bangladesh Standard Testing Institution, a Government testing organization, on chemical examination of the samples of the imported goods sent t...... 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 (2010) 65. ..

Category: Fiscal/Taxation Law | Date: | Hits: 253

Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)

....ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ......position Case No.1657 of 2000 though allowing the prayer of the petitioner to keep Trade Mark GX 06661 hut restraining him from using the words "BISCI Tongi" or বিসিক টঙ্গী on the body of the fan produced by him or in the pack­age/cartoon of the fan produced by him. 2. Th..

Category: Intellectual Property Law | Date: | Hits: 211

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....o refund the VAT already realized from the bills of the PSI Agencies. 4. The writ petitions were filed more or less with the common contentions, that PSI Agencies  were  appointed by the Government to  render service outside Bangladesh and that VAT being levyable for service render......at reading law relating to VAT it is seen that legislature has never intended to give unguided power to the NBR to issue noti­fication levying VAT on the service ren­dered by a particular Agency or body and that it is the settled principle of law that a particular legislation giving unguided power..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Anti-Corruption Commis­sion Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)

.... exercising undue influence and thereby caused the loss of total 72,000 Dirham from the public exchequer. The writ petitioner also misappropriated total sum of 34,150 Dirham, which was drawn from the Government of Bangladesh as the salary of two gardeners of the Embassy of Bangladesh namely Md. Jewe...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..

Category: Anti-Corruption Laws | Date: | Hits: 186

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

.... the basis of tariff value in respect of imports where letters of credit were opened prior to the dele­tion of the tariff value. 6. The respondents filed affidavit-in-reply contending that the Government is not competent to fix any price like the indicative price and whatever price is fixed b...... no tariff value and accordingly, the appellants did not commit any ille­gality in giving the directions to the respondents to declare the value of CDSO and CPO as mentioned in the order made on the body of the bills of entry; the object of fixing the price through the Circular dated 3-7-1994 was t..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....e Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008). Kazi Hab......he judiciary should not be identified with any one estate or class of persons in the state.) 'All would be lost', he wrote (The Spirit of the Laws, Book XI, ch 6), 'if the same man or the same ruling body, whether of nobles or of the people, were to exercise these three powers, that of law-making, t..

Category: Constitutional Law | Date: | Hits: 207

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....s joined by the parties as regards the enemy status of the disputed property and the High Court Division, having found the disputed property not being an enemy property, erred in law holding that the Government under Act XLV 1974 acquired the authority to execute the deed of settlement. The High Cou......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....on has taken place shall be confiscated. (2) Notwithstanding contained in the Code of Criminal Procedure, 1898, any offence punishable under this section shall be cognizable for such period as the Government may from time to time, by notification in the official Gazette, declare. (3) A Tribuna......e made unless the person accused of the offence has been given an opportunity of showing that he had such permission. (4) Where the person guilty of an offence under this Act is a company or other body corporate every director, manager, secretary and other officer thereof who is knowingly a party..

Category: Fiscal/Taxation Law | Date: | Hits: 75

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

.... learned Advocate further submitted that the High Court Division misinterpreted and misconstrued the provisions of regulation 28 (wrongly mentioned in the impugned judgment as regulation 26) of the Government Servant (Conduct) Rules, 1979 in that the provisions of the said rule in clause (1) does...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ..

Category: Criminal Law | Date: | Hits: 116

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....qualified and they have been enjoying the facility under the system of monthly Payment Order (M.P.O.). As a result 80% of the salary of the teachers and employees are paid by and received from the Government. At present the Madrasa has in total 298 students in Dakhil and Alim classes and 217 stu......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..

Category: Employment/Service Law | Date: | Hits: 146

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....ailing to hold that as the defen­dant No.1 did not leave the country before 1965 the suit property could not be legal­ly held to be an enemy property, particu­larly when it was not the case of the Government that the vendor left the coun­try before 1965. 7. We have heard the learned senior Ad......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...

Category: Limitation Law | Date: | Hits: 255

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

.... possession of the suit land of the petitioners and as such, the petitioners are apprehended to get the preferential relief in respect of lease hold of shrimp khas land as per principle of present Government, moreover the pres­ent petitioners are very weak both by men and money with the stre......bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ..

Category: Property Law | Date: | Hits: 88

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....ecord relating to suit land within the knowledge of the defendant and the plaintiff after mutation of her name got separate khatian in her name and was in possession of the suit land on payment of Government rents and constructed pucca walls and kutcha house and possessing the same through diffe......no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

.... the suit land, and thus the plaintiffs  have been exclusively possessing the suit land, as owners and possessors, and enjoy­ing usufructs therefrom paying rents and taxes regularly to the Government. The defendant No.2 subsequently sold a por­tion of land to defendant No.1, a London......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..

Category: Property Law | Date: | Hits: 158