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American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ...... USA having its head office located in New York City, New York State, USA. The petitioner company being a banking company operates branches in different countries of the world including branches in Bangladesh through banking licence obtained on 29th June, 1965 under the Banking Companies Ordinance......(2002)7. ......ute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..

Category: Fiscal/Taxation Law | Date: | Hits: 132

SA Coconut Mills Ltd. Vs. Government of the People’s Republic of Bangladesh and Others, 2001, 30 CLC (HCD)

....1. ...... (Special Original Jurisdiction)ar Present: Syed Amirul Islam J AKM Shafiuddin J SA Coconut Mills Ltd…….……………Petitioner Vs. Government of the People’s Republic of Bangladesh and Others………. Respondents Judgment August 23, 2001. Cases Referred to- ......(2002) 1. ......182; Congreve vs Home Office (1976) QB 629; Padfield vs Minister of Agriculture (1968) AC 997; Ram Krisna Dalmia vs. Justice Tandulker, AIR 1958 (SC) 538. Lawyers Involved Salauddin Ahmed, with Md. Ramzan Ali Sikder and Faustina Pereira, Advocates—For the Petitioner. MR Hasan, with Ms Nah..

Category: Fiscal/Taxation Law | Date: | Hits: 108

Borhan Uddin (Md), Advocate Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 1999, 28 CLC (HCD)

......Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents Judgment June 29, 1999. Case Referred To- Faridsons Ltd and others Vs. Government of Pakistan and another, 13 DLR 233. Lawyers Involved: Jamiruddin Sircar with AKM S......Advocate—For the Respondent No. 3. Writ Petition No. 3005 of 1998. Judgment Mainur Reza Chowdhury J.- On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned .............val of the petitioner is illegal and without any lawful authority. The Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 81...

Category: Employment/Service Law | Date: | Hits: 108

M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)

....o develop the same vacant space as a park and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioners, inter alia, is that the then Government of erstwhile East Pakistan developed the vast Mirpur area into residential plots and nucl...... High Court Division (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Bazlur Rahman J M Saleem Ullah, Advocate and others………………………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry Housing and Public Works and others…………â€......ourt High Court Division (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Bazlur Rahman J M Saleem Ullah, Advocate and others………………………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry Housing and Public Works and others……â......ity and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..

Category: Environmental Law | Date: | Hits: 259

Shah Dairy Products Limited Vs. Commissioner, Customs, Excise and VAT Chittagong and others, 1999, 28 CLC (HCD)

.... the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 72.......spect of different provisions of the said Act. Section 3 of the said Act provides for assessment and payment of VAT at the rate of 15% on the import of goods at the stage of import, goods produced in Bangladesh at the stage of making or manufacture, services by the person at the, time of giving the ......) 72.......hout any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 72...

Category: Fiscal/Taxation Law | Date: | Hits: 93

Jamal Hossain (Md.) and others Vs. Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others, 1999, 28 CLC (HCD)

....f Public Works and Urban Development for information at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67.......ed to have been passed without any lawful authority and is of no legal effect. 2. The petitioners in the application under Article 102 (2) (a) (i) of the Constitution of the People’s Republic of Bangladesh has contended, inter alia, that the property appertaining to JL No. 82, SA Khatian No.70 ......e Court High Court Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Ali Asgar Khan J Jamal Hossain (Md.) and others…………………Petitioners Vs. Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others……Respondents ...... order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67...

Category: Property Law | Date: | Hits: 28

Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)

....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......sed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......eem Mominur Rahman J BK Das J Bangladesh, Represented by the Secretary, Ministry of Education, People's Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka…………….Petitioner Vs. Md. Moazzem Hossain Bhuiyan and Others……………………The Respondents Judgment ......inur Rahman J BK Das J Bangladesh, Represented by the Secretary, Ministry of Education, People's Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka…………….Petitioner Vs. Md. Moazzem Hossain Bhuiyan and Others……………………The Respondents Judgment Decembe..

Category: Civil Law | Date: | Hits: 81

Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)

....pondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Government of Bangladesh and others vs. Md. Tajul Islam 49 DLR (AD) 177; Shearer vs. Shield, 1914 AC......dgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Government of Bangladesh and others vs. Md. Tajul Islam 49 DLR (AD) 177; Shearer vs. Shield, 1914 AC 808. Ram Chan......: 59 DLR (2007) 182. ...... Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Government of Bangladesh and others vs. Md. Tajul Islam 49 DLR (AD) 177; Shearer vs. Shield, 1914 AC 808. Ram Chandra vs. Secretary to Gover..

Category: Employment/Service Law | Date: | Hits: 134

AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....perty Ordinance, 1982 and argued, that when payment of compensation as provided under section 10 has been made or is deemed to have been made the property stands acquired and vested absolutely in the Government free from all encumbrances as envisaged under section 11 of the Ordinance. 8. Section ......DLR (2007) 178.......in: 59 DLR (2007) 178.......charged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178...

Category: Property Law | Date: | Hits: 34

Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)

....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......07) 175; 13 MLR (HCD) (2008) 242. ......down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ..

Category: Property Law | Date: | Hits: 30

Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)

....rt may seem fit and proper. 2. The petitioners' case is that one Md. Mujtaba Siddique, son of late Mustafa Siddique was the original owner of the disputed property which was allotted to him by Government of the then East Pakistan through a letter dated 23-1-1960 and pursuant to the aforesaid ...... Attorney-General — For the Respondents. Writ Petition No. 4361 of 2000. Judgment Mashuque Hosain Ahmed J.- This Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued, calling upon the respondents to show cause as to why the impug­ned judgment ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Mashuque Hosain Ahmed J Tahera Begum and others……………………………….Petitioners Vs. First Court of Settlement and others……………..Respondents Judgment August 17, 20......is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..

Category: Property Law | Date: | Hits: 29

AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)

....ds were fractured. He was under treatment for about 5/6 months and after recovery he joined in his office at Mymensingh Branch in the month of November 1989. In spite of specific instruction from the Government that on the Victory Day the national flag would be hoisted on all Government and Semi-Gov...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......DLR (2007) 166. ...... DLR 265; Dosta Textile Mills Ltd. vs. Sudhansu Bikash Nath 40 DLR (AD) 45; Managing Director, Rupali Bank Ltd vs. Tofazzal Hossain and others 44 DLR (AD) 260; Managing Director, Rupali Bank Ltd. vs. Md. Nazrul Islam Patwary 1995 BLD (AD) 169 = 48 DLR (AD) 62; Indo-Pakistan Corporation Ltd. vs. Chai..

Category: Employment/Service Law | Date: | Hits: 69

Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)

....Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Torab Ali (Md) …………………..Petitioner Vs. Government of the People's Republic of Bangladesh and Others……………Opposite-Parties J......n (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Torab Ali (Md) …………………..Petitioner Vs. Government of the People's Republic of Bangladesh and Others……………Opposite-Parties Judgment January 10, 2005. ......007) 154. ......dent of Assam Province. At that time the Defence of Pakistan Rules was promulgated and, as such, Nripendra Chandra Chakravartty could not execute and register the deed of exchange. There­after, Haji Md. Abdur Rahim obtained permission to do the deed from the concerned authority and ini­tiated Othe..

Category: Property Law | Date: | Hits: 32

Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)

....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......vision (Civil Appellate Jurisdiction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Continental Traders………………..Defendant-Appellant Vs. Bangladesh Textile Mills Corporation and others……………..Respondents Judgment N......gh Court Division (Civil Appellate Jurisdiction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Continental Traders………………..Defendant-Appellant Vs. Bangladesh Textile Mills Corporation and others……………..Respondents Judgme......once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ..

Category: Civil Law | Date: | Hits: 87

Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... (2007) 141. ......Supreme Court High Court Division (Special Original Jurisdiction) Present: MH Haider J Farah Mahbub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is d......: 59 DLR (2007) 141. ......med vs. Registrar, Trade Marks, 47 DLR 309; Professor Abdur Rahim Khan and others vs. Bangladesh and others, 7 BLT (AD) 313. Lawyers involved: Hosne Ara Begum, Advocate—For the Petitioner. Md. Shamsrr Rahman, Advocate—For Respondent No. 3. Shahnawaz Akhand, Advocate—For Respondent ..

Category: Civil Law | Date: | Hits: 133

Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)

.... and had not materially affected its ultimate decision on the issue of recount. 15. Sub-rule (4) of rule 37 of the Paurashava (Election) Rules, 1977, in short, the Rules, which was made by the Government empowered by sec­tion 146 of the Paurashava Election Ordinance, 1977 hereinafter referre...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......: 59 DLR (2007) 137. ......Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..

Category: Election Law | Date: | Hits: 99

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......the loan and purchased two Mercedes Buses which were registered and insured in the name of the plaintiff bank. The said two buses started playing on Dhaka-Benapole-Dhaka route under the banner of the Bangladesh Paribahan. While the defendant-respondents were carrying on with the transport business, ......l) Present: Mohammad Fazul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Monir Hossain....................Petitioner Vs. The Artha Rin Adalat No.4, Dhaka & others..............Respondents Judgment Februar......the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..

Category: Civil Law | Date: | Hits: 78

Mohammad Mustafizur Rahman, Principal, Matrai Science and Technical College, Joypurhat Vs. N. M. Showkat Habib Talukder, Logic and others, 2007, 36 CLC (AD)

....ge of the respondent not being eligible was rightly denied necessary permission as it is located within 300 yards from Matrai Science and Technical College of the petitioner being in violation of the Government policy. 4. The learned Judges of the High Court Division on due consideration of the m......of Education granted necessary permission to Matrai Science and Technical College of the petitioner merely on political consideration although it was admittedly established under different Board i.e. Bangladesh Technical Education Board and at a much later date whereas the Matrai Model College appli......Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Mohammad Mustafizur Rahman, Principal, Matrai Science and Technical College, Joypurhat...............................Petitioner Vs. N. M. Showkat Habib Talukder, Logic and others............ Respondents Judgment April 3......rdingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 194...

Category: Others | Date: | Hits: 92

Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)

....d Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law, Ju...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and oth......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of ......n for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...

Category: Civil Law | Date: | Hits: 85

MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....process the petitioner obtained a trade licence from the Dhaka City Corporation (Annexure-'F'), got itself registered with the VAT authority (Annexure 'F(1)', and also obtained a certificate from the Government Bureau of Imports and Exports (Annexure-T(2)', and also in keeping with the requirements ...... (Special Original Jurisdiction) Present: Salma Masud Chdwdhury J Syed Refaat Ahmed J MGH Infocomm Ltd......................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Information....Respondent Judgment D......vision (Special Original Jurisdiction) Present: Salma Masud Chdwdhury J Syed Refaat Ahmed J MGH Infocomm Ltd......................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Information....Respondent Judgme......e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131...

Category: Information Technology Law | Date: | Hits: 171