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Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
.... Involved: Md. Ohiullah, Advocate—For the Plaintiff. Imtiaz Mahmood, Advocate—For the Defendant No.1. Admiralty Suit No.7 of 2003. Judgment AFM Abdur Rahman J.- By this application dated 22-11-2003 the defendant prays for return of the plaint for want of jurisdiction. 2. The pl......he contract of carriage of goods by sea and therefore amenable under the provision of section 3(2)(Ja) of the Admiralty Court Ain, 2000 and is clearly maintainable in this Admiralty Court. 14. The decision as made herein regarding the status of the plaintiff upon a prima facie consideration of th..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
.... Judgment Siddiqur Rahman Miah J.- This Rule under section 11 of the Code of Code of Civil Procedure at the instance of defendants respondents-petitioners calls in question the judgment and decree dated 4-5-2008 passed by the learned District Judge, Brahmanbaria in Title Appeal No.61 of 2006 by w...... Assistant Attorney General for the petitioner submits that the appellate Court without considering the documents in record and the evidence by the parties allowed the appeal resulting in an error in decision occasioning failure of justice; that the learned Assistant Judge being the trial Court of t..Category: Procedural Law | Date: | Hits: 72
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....evance notice as required under section 33 of Bangladesh Labour Law. Accordingly to section 33, the respondent No. 2 ought to have served grievance petition to the petitioners within 30 days from the date of cause of action but the respondent did not do so. 13. The extract of section 33 is quoted......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ..Category: Labour and Industrial Law | Date: | Hits: 156
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
....the Local Union Parishad namely Mativanga Union Parishad has issued the certificate (Annexure-B). On 21-6-2009, the Director Health published advertisement inviting application for the competent candidate for the post of Health Assistant mentioning the requisite qualification as HSC or equivalent of......reedom Fighters. 6. Md. Nazrul Islam Khan, the Director of the office of the Prime Minister on 5-6-2000 wrote a letter to the Secretary, Ministry of Establishment informing that the Government's decision that in no the reserve seat for the sons and daughters of the Freedom Fighters can be fille..Category: Employment/Service Law | Date: | Hits: 91
....cle 102(2) (a) (ii) of the Constitution a Rule Nisi was issued in the following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Order No.55 dated 22.06.2010 passed by the respondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case N......at had no jurisdiction to pass the exparte order and decree, and therefore the instant writ petition is not maintainable.
22. In support of his submission Mr. Chowdhury referred to two unreported decisions of a Division Bench of this Court in (1) the case of Ms. Farhad Banu and another Vs. Artha..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... under section 302/34 of the Penal Code passed on 05.07.2005 in Druta Bichar Tribunal Case No.16 of 2005 arising out of G.R. No.170 of 2003 corresponding to Naldanga (Nator) Police Station Case No.03 dated 05.04.2003. Condemned-Prisoner Ashraf Ali, Ataur Rahman and Ashraf alias Raja have also prefer......n this case of the confessional statement of Sattar Mir so as to implicate thereby these appellants who absconded but against whom there is no evidence except the co-accused Sattar’s confession. No decision could be cited by the learned Deputy Attorney General showing that the absconsion of an acc..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....hrough the FIR, evidence on record and the impugned Judgment. 8. P.W.1 Md. Moklesur Rahman NK Subedar JCO‑2490 29 Rifle Battalion stated that on 19.3.92 he was posted at Kotbari Comilla. On that date getting secret information himself, Battalion Commander P.W.13 Major Istiaque Ahmed along with ......cated in a concocted case at the instance of their rival businessmen. 32. In view of the discussions made above and on consideration of the facts, circumstances and evidence on record and also the decisions referred above we hold that the prosecution failed to prove its case beyond doubt and the ..Category: Criminal Law | Date: | Hits: 75
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......etitioner. No one ‑ For the Respondents. Judgment Syed Muhammad Husain J.- In this Rule arising out of an application under Article 102 of the Constitution, the petitioner has challenged a decision of the Additional Deputy Commissioner of Dacca passed on 17.4.79 dis‑allowing the petitio..Category: Property Law | Date: | Hits: 65
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....ce of the plaintiff arises out of the judgment and order passed by District Judge, Nowabganj on 2.3.92 in Miscellaneous Appeal No.19 of 1991 dismissing the appeal with costs affirming the order No.37 dated 7.9.91 passed by Senior Assistant Judge, Nowabganj in other Class Suit No.273 of 1988 rejectin......t long back and that as no order was passed directing the defendants to rile interrogatories the application under Order 11 rule 21 CPC is not maintainable. 15. In view of the provision of law and decision referred above I find no illegality in the impugned order complained against. However since..Category: Procedural Law | Date: | Hits: 68
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......f the Income Tax Ordinance, 1984 the assessee has raised as many as five questions said to have arisen out of the order of the Taxes Appellate Tribunal relating to assessment year 1973‑74 for our decision. Questions 1‑3 relate to claim of depreciation claimed under section 10(2)(vi) of the Inc..
Category: Fiscal/Taxation Law | Date: | Hits: 139
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
.... party Nos. 1-6. Civil Revision No. 485 of 2010. Judgment Hasan Foez Siddique J.- This rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 17.01.2010 passed by the learned Joint District Judge, 1st Court, Lakshmipur, in Title Suit No...... High Court Division observed that “this circumstance for non-filing of application in time may also be construed as an application under Order 22 rule 9(2) of the CPC.” However, relying upon two decisions of the High Court Division, the learned Judge treated both the applications under Order I,..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....e-party No.1. Civil Revision No.1251 of 2010. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3.02.2010 passed by the learned Joint District Judge, 2nd Court, Manikganj in Title Appeal No.......e pre-emptor. 5. On appeal, Miscellaneous Appeal No.6 of 2007, the learned Joint District Judge, Manikganj by the impugned judgment and order dated 3.02.2010 dismissed the appeal and affirmed the decision of the trial Court below. 6. Being aggrieved by the aforesaid judgment and order the pre..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....structed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2001 of 2009. (From the judgment and order dated 26.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.186 of 2003). ......d 26.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.186 of 2003). Judgment Syed Mahmud Hossain J. - This civil petition for leave to appeal is directed against the decision dated 26.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.186 of..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....enior Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos. 2 & 3. Civil Appeal No. 31 of 2005. (From the judgment and order dated 24th June, 2003 passed by the High Court Division in Writ Petition No.2146 of 2003.) Judgme...... service to the appellant, the demand for refund of his salary and benefits received between 1999 and 2002 is absolutely illegal. In support of his contention, the learned Counsel has referred to the decision of the High Court Division in Writ Petition No.230 of 1998 in the case of Ismail Hussain De..Category: Employment/Service Law | Date: | Hits: 58
....For the Respondent.
Writ Petition No.5 of 1991.
Judgment
Mainur Reza Chowdhury J.- This is a petition by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ Petition No.2551 of 1990.
2. The ......in‑opposition.
10. Mr. Subrata Chowdhury, the learned Advocate for the respondent No.1, has raised the preliminary objection that in writ jurisdiction there is no power of this Court to review a decision once given. He contends that as orders were passed on 7.5.91, this Court is functus officio..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
....he Assistant Commissioner of Taxes preferred appeals before the Appellate Joint Commissioner of Taxes, B Range, Dhaka (West) Zone, Dhaka. The Appellate Joint Commissioner of Taxes found that the last date for hearing of the case was fixed on 27.6.1981 ad he stated “on examination of records all th......der section 66(1) of the Income Tax Act, 1922, is at the instance of the Commissioner of Taxes, Dhaka (West) Zone, Dhaka. By this reference the department refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annulling the assessment. 2..Category: Fiscal/Taxation Law | Date: | Hits: 98
....and why they should not be directed to provide plots to the petitioners as undertaken by the Government in Writ Petition No.1004 of 1980 and other petitioner as incorporated in the judgment and order dated March, 11, 1982.
2. The facts relevant for disposal of this Rule are that the petitioner's ......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....nother Vs. Registrar, Joint Stock Companies and another, 39 DLR 1. Civil Appeal No. 32 of 2011. Judgment Md. Abdul Wahhab Miah J. - This appeal by leave has arisen out of judgment and order dated the 26th day of October, 2009 passed by the High Court Division in Writ Petition No.9509 of 20......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....ving in the college and he was not entitled to a higher scale. The writ petition is, therefore, liable to be dismissed. 4. The High Court Division upon hearing the parties by the impugned judgment dated 28th April, 2003 made the rule absolute and directed the writ respondent No.1 to issue MPO in ......s: The respondent No.1, (writ petitioner) a teacher of Fulbaria College, Mymensingh instituted Writ Petition No.3746 of 2003 in the High Court Division seeking a declaration to the effect that the decision for demotion of the writ petitioner by the writ respondents to the post of lecturer from th..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....General - For the Respondent-State. Md. Khurshid Alam Khan, Advocate- For the Respondent No.2. Criminal Appeal No. 4813 of 2007. (Against the judgment and order of conviction and sentence dated 26.8.2007 passed by the Special Judge, Court No.2, Dhaka in Special Case No.2 of 2007.) Jud......the notice dated 18.02.2007 under Section 26 of the Act, was issued by the Secretary of the Commission but he does not represent the Commission and he is only one of its employees, to carry out the decision of the Commission. But at the relevant time there were no Commissioners, as such, apparentl..Category: Criminal Law | Date: | Hits: 101
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