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Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

....urt Appellate Division (Civil) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Chairman, National Board of Revenue Bangladesh……………………Appellant Vs. M/s. GMG Cor­poration Ltd………………â...... 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Commissioner Vs. Hanry Ansbacher & Co., (1962) 3 All ER 843; National Bank of Pakistan Vs. Fasihuzzaman, PLD 1964 KAR-92. Lawyers Involved: A.W. Bhuiya, Additional Attorney-General, B. Hossain, Assistant Attorney Genera..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)

....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ...... 807; Abdul Hosaain and ors Vs. Md. Moslem Ali and ors., 19 DLR 677; Yakub Khan Vs. Amjad Alt Khan, 29 DLR, 164; Upendra Chandra Roy Vs. Janab Ali, 29 DLR 299; Meghu Bepari Vs. Kalu Sk, 18 DLR 317 Lawyers Involved: Abdur Rob Chowdhury, Advocate, Supreme Court, instructed by Md. Aftab Hossain, ..

Category: Property Law | Date: | Hits: 77

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

.... Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village an......t itself would justify our move to set aside the whole criminal prosecution. 10. By referring to that part of the FIR, where the informant stated that the meeting of the Execution Committee of the National Economic Council (ECNEC) was not attended by sufficient number of members, Mr. Abdul Matin ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......of Bangladesh and others, Special Issue, 2006 BLT; Khandakar Delwar Hussain and others Vs. Bangladesh Italian Marble Works Ltd., 18 BLT AD 2010 329; State of Kerala Vs. TP Roshan, AIR 1979 SC 765. Lawyers Involved: Rafiq-ul-Huq with Anisul Haque, Abdul Matin Khasru, Yousuf Hossain Humayun, S.M..

Category: Criminal Law | Date: | Hits: 133

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

....f 2003 (arising out of Mortgage Suit No.33 of 1996) rejecting the petitioner’s application filed under section 20 of the Financial Institutions Act, 1993 for appointment of an audit commissioner by Bangladesh Bank to inspect and examine his C.C. account. 2. Facts relevant for disposal of the Ru...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......Mohiuddin Chowdhury ...................... Petitioner Vs. Rupali Bank Ltd. and others .................... Respondents Judgment February 15, 2011. Result: The Rule is discharged. Lawyers Involved: A.K.M. Faiz, Advocate - for the petitioner. Md. Imam Hasan, Advocate - for t..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....) (1978) 169. ......the earlier notification dated 18-2-72, which, along with an earlier notification issued on December 31, 1971 does not mention the respondent firm. 3. However, by the Notification dated 27-1-75 of Nationalised Industries Division of the Ministry of Industries which was published in the Bangladesh......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ...... Boat Construction Ltd. (1951)2 All E.R.278; Wells and others Vs. Minister of Housing etc (1967) 2 All England; Leaver Finance Ltd. Vs. Westminster (City) London, Borough Council (1970) 3 WLR 732. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record-For ..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......noy Krishna Das Vs. Salsiccioni, (1932) 37 CWN PC 1. Civil Appeal No. 55 of 1982. From the Judgment and Order dated 9.3.82 passed by the High Court Division in Civil Revision No. 46 of 1981. Lawyers Involved: M.H. Khondker, Senior Advocate M. G. Rabbani, Advocate with him instructed by B..

Category: Property Law | Date: | Hits: 103

AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)

....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......rs………………… Respondents Judgment January 20, 1983. Result: The Appeal is allowed. Case Referred to- Binode Behari Shaha Vs. Nitya Gopal Shaha (1981) 33 DLR (AD) 130. Lawyers Involved: Khondker Mahbubuddin Ahmed, Sr. Advo­cate, Abdul Hamid, Muhbuby Alam and Abdul..

Category: Procedural Law | Date: | Hits: 109

Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)

..... 2. The respondent No.1 as the writ petitioner moved the High Court Division challenging the Memo No.O:Pro:Dha:U/239(6) dated 7.1.2003 issued by the petitioner No.2, the Administrator of Waqf of Bangladesh constituting the Managing Committee of Hazrat Malek Pir Yamani (R) Nazar Waqf Estate (E.C...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ....... Md. Nasiruddin Shah and others……………………………..Respondents Judgment November 6, 2004. Result: The petition is dismissed. Case Referred to- 35 DLR (AD) 108. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (S.M. Munir, Advocate with him), i..

Category: Trust/Waqf Law | Date: | Hits: 148

Md. Shahidullah (Kamal) Vs. Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others, 2006, 35 CLC (AD)

.... JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Shahidullah (Kamal)……………………………………………………Petitioner Vs. Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others………………â€......ion made by Mr. Afric." Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: ......ion made by Mr. Afric." Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: ......rnment of Bangladesh represented by Secretary, Local Government Division, Dhaka and others…………………Respondents Judgment January 23, 2006. Result: The petition is dismissed. Lawyers Involved: AFM Mesbahuddin, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-R..

Category: Election Law | Date: | Hits: 190

Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)

....sed. Ed. This Case is also Reported in: ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......ment of Bangladesh……………………Petitioners Vs. Syed Md. Hyder Ali and others………………Respondents Judgment December 1, 2004. Result: The petition is dismissed. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-..

Category: Procedural Law | Date: | Hits: 79

M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)

....he goods/garments. Thereafter a person came from Korea and conducted the inspection being employed by the defendant No.1 for and on behalf of the principal/buyer but suddenly and mysteriously he left Bangladesh without informing the plaintiff. At this stage they also took undue advantage of the sudd......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......ank Kuni Bong Branch and others………………….Respondents Judgment November 2, 2003. Result: The petition is dismissed. Cases Referred to- 33 DLR (AD) 298; 54 DLR (AD) 70. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocat..

Category: Business or Commercial Law | Date: | Hits: 208

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....coereion in abnormal situation then prevailing in the country. But on a reference to the Proclamation dated 7th of April, 1979 it appears that Lieutenant General Ziaur Rahman was elected President of Bangladesh under the Constitution held on 3rd June, 1978 and entered upon the office of President an......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......uddin Pramanik, 48 DLR (AD) 205; Abdus Sattar Vs. Mohiuddin, 38 DLR (AD) 97=1986 BLD (AD) 224; B Kunwar Vs. Ranjit Singh, AIR 1915 (PC) 96; 42 I.A. 202; Lala Singh Vs. Mohipal Singh, 1889 AWN 149. Lawyers Involved: MA Wahab Miah with Anwarul Azim Khair Manna and Obaidul Hasan, Advocates - For ..

Category: Procedural Law | Date: | Hits: 74

Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)

....erests of the rent receiver shall vest absolutely in the Government free from all encumbrances. It is not disputed that on and from 14th April, 1956 rent receiving interest of all rent receiv­ers in Bangladesh were acquired under this section, and so the relationship of landlord and tenant so far a......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......med Vs. Hazera Khatoon, Civil Revisional Case Nos. 130 and 131 of 1969; Arthur Henry Forbe Vs. Bahadur Singh, 41 I.A. 91; Maharajadhiraj Uday Chand Mahtab Vs. Samarendra Nath Matra, 51 CWN (FR) 9. Lawyers Involved: B.N. Chowdhury, Advocate instructed by A. Rab-II, Advocate-on-Record - For the ..

Category: Property Law | Date: | Hits: 60

Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......wdhury J Omed Ali Sikder…………………Appellant Vs. Arman Sikder and others……………………Respondents Judgment August 16, 1979. Result: The appeal is allowed. Lawyers Involved: Zinnur Ahmed, Advocate-on-Record - For the Appellant. Jane Alam, Senior Advo..

Category: Property Law | Date: | Hits: 78

Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)

.... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ...... Biswas and others…………………Appellants Vs. Dina Bandhu Chowdhury and others……………………Respondents Judgment August 8, 1979. Result: The appeal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Sazzadul Huq, Advocate-on-Record -..

Category: Property Law | Date: | Hits: 78

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316....... Begum Khodeja Akhtar & others……………………Respondents Judgment June 12, 1979. Result: The appeal is allowed and the case is remanded back to the lower appellate Court. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by Abdur Rob II, Advocate-on-Record - For ..

Category: Property Law | Date: | Hits: 79

M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)

....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. Sudhanpsu Sekar Dey alias Halder and others………………………..Respondents Judgment August 6, 1979. Result: The appeal is dismissed. Lawyers Involved: Mahmudul Islam, Advocate instructed by Abdur Rab II, Advocate-on-Record - For t..

Category: Company Law | Date: | Hits: 164

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

....e Nos. B1, C1, C2, C3, C4 and E1 in the Writ petition and Annexure No.I, J and K of the Supplementary Affidavit was stayed by this Division. 3. The background leading to this Rule is that Organon (Bangladesh) Limited, a pharmaceutical company was registered for VAT. There was a man­agement buyou......urt High Court Division (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Reve­nue and others...........Respondents Judgment October 27, 2010. Re......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)

.... Mahbubul Huq, Advocate—For the Respondents. Writ Petition No. 2429 of 2005 Judgment Mamnoon Rahman J.- In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner has chal­lenged the impugned judgment and order dated 30-11-2004 passed ......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 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