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National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......tion agreement. In support of his submissions, he cites the decision in the case of Novelty Cinema, Lyallpur Vs. Firdaus Films and another PLD 1958 (WP) Lahore 208 and that of British Airways PLC Vs. Bangladesh Air Services Pvt. 47 DLR 544. 6. Mr. Faizul Kabir, learned Advocate for the opposite p...... DLR (2001) 386. ...... Reported in: 53 DLR (2001) 386. ..

Category: Alternative Dispute Resolution | Date: | Hits: 186

Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)

....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......he claim on account of loss due to fall in price of rice with the inflow of new crop could not be proved by any cogent evidence either oral or documentary. The price index of Consumers Association of Bangladesh Exhibit ‘Y’ which appears to be a Photostat copy cannot be accepted as valid evidence......01) 381. ......orted in: 53 DLR (2001) 381. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....ions deliberately ignoring the confidentiality of petitioner’s project proposal by publishing notice in the newspapers (vide Annexure-E). Though the petitioner was surprised by the said move of the Government collected a bid document on payment and deposit of the requisite amounts. (Annexure-G, G-......f the project proposal and lay plan on 8-11-97 (Annexure-C). Thereafter, petitioner had discussion with an American Investment Company about the project and representative of the said Company visited Bangladesh and agreed to invest in the said project and gave an undertaking on 5-8-98 to that effect...... (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J North South Property Development Ltd……………...Petitioner Vs. Secretary, Ministry of Land and another……………….Respondents Judgment May 17, 1999. Cases Referred To- ......e Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J North South Property Development Ltd……………...Petitioner Vs. Secretary, Ministry of Land and another……………….Respondents Judgment May 17,..

Category: Civil Law | Date: | Hits: 92

Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)

....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ...... High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Anwar Karim and others.............................. Petitioner Vs. Bangladesh Bank and others …………………………..Respondents Judgment June 2, 1999. ......case is also Reported in: 52 DLR (HCD) (2000) 1. ......me Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Anwar Karim and others.............................. Petitioner Vs. Bangladesh Bank and others …………………………..Respondents Judgment June 2..

Category: Banking Law | Date: | Hits: 121

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....g coil by machineries brought or imported from outside. As result of this unreasonable and unlawful decision the buyer stopped purchase from the petitioner and unemployment problem has arisen and the Government would be deprived of about 1.25 crore of Taka revenue earning per year if the petitioner......mited Company is engaged in the business of Manufacturing Mosquito Coil under the contracts of manufacture signed between the petitioner and the brand owners of the products namely Reckitt and Colman Bangladesh Limited, as well as for itself. The petitioner is also registered as manufacturer under t...... Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: ......001) 373. ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

.... necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......his Case is also Reported in: 53 DLR (2001) 365....... also Reported in: 53 DLR (2001) 365....... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdus Salam J Government of the People’s Republic of Bangladesh and others………Defendant-Appellant-Petitioners Vs. Md. Jahangir Ali and Another…………….Plaintiff-Respondent-Opposite Party Judgment ..

Category: Procedural Law | Date: | Hits: 88

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....lna Pourashava limit for sale to the parties situated within and out side Pourashava and collection of Octroi Rules, 1961. Sd. Mujibur Rahman Section Officer. Exhibit 20 reads as follows: Government of Bangladesh Office of the Commissioner, Khulna, Division. Memo No.Br IV/XXVI-4/78 da......sions of the learned lower court and we find that the learned lower court took final decision on octroi Rules basing 2(i) (f) as well as Exhibit 9 a letter of LGRD Ministry of the Peoples Republic of Bangladesh and also relied upon a letter dated 9-3-1979 of the Divisional Commissioner, Khulna (Exhi......eported in: 53 DLR (2001) 368.......Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Fazlul Haque J NK Chakravartty J Meghna Petroleum Marketing Co. Ltd. and others……………Appellants Vs. MF Limited and others...............Respondents Judgment May 7, 2001. Lawyers Inv..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)

....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Md. Ahia………………………………….Petitioner Vs. Md. Azimuddin and others……..........Respondents Judgment March 21, 2010. Lawyers Involved: Asad H......late Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Md. Ahia………………………………….Petitioner Vs. Md. Azimuddin and others……..........Respondents Judgment March 21, 2010. Lawyer..

Category: Property Law | Date: | Hits: 25

Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)

....s case against the plaintiffs and served notice on 11.03.1989 and directed them to vacate their shops by 18.03.1989 and that the shops have been standing on the lands belonging to the K.D.D.B. not on Government khas lands; that if they are evicted forcibly from their shops they will suffer irreparab...... 598.......f the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598....... (2010) 598...

Category: Property Law | Date: | Hits: 31

Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)

....s also Reported in: VII ADC (2010) 587.......d in: VII ADC (2010) 587.......resent: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Government of Bangladesh………………......Petitioner Vs. Md. Atiar Rahman Khan and others..............Respondents Order January 10, 2010. Lawyers Involved: Murad Rez......late Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Government of Bangladesh………………......Petitioner Vs. Md. Atiar Rahman Khan and others..............Respondents Order January 10, 2010. L..

Category: Limitation Law | Date: | Hits: 149

National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)

....ons of ACETONE from Singapore and duly informed to the Commissioner of Customs, Chittagong and opened a letter of credit dated 15.07.2008 for import of the same under H.S. Code No. 2914.11.00 and the Government approved pre-shipment inspection agency issued CRF certificate dated 25.09.2008 and H.S. ......vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J National Board of Revenue represent­ed by the Chairman NBR Bhaban, Segunbagicha, Police Station-Ramna, District-Dhaka and another ……………………..Petitioners Vs. Dulal Chandra Bhoumik………………...... ABM Khairul Haque J National Board of Revenue represent­ed by the Chairman NBR Bhaban, Segunbagicha, Police Station-Ramna, District-Dhaka and another ……………………..Petitioners Vs. Dulal Chandra Bhoumik…………………............Respondent Judgment November 16, ..

Category: Fiscal/Taxation Law | Date: | Hits: 73

Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)

....een using the suit pond by various modes and while in such enjoyment, the local Tahsilder suddenly disclosed that the suit pond would be leased out on the plea that it was recorded in the name of the Government. The Government has no right, title and interest in the suit pond and it does not possess......l) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Gazipur Razzakia Janakallyan High School……………..Petitioner Vs. Govt. of Bangladesh…………...........Respondent Judgment January 4, 2010. Lawyers Involved: ......r Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No.1963 of 2009. (From the Judgment and order dated 5th August, 2009 of a Single Bench of the High Court Division in Civil Revision No.1......ivision (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Gazipur Razzakia Janakallyan High School……………..Petitioner Vs. Govt. of Bangladesh…………...........Respondent Judgment January 4, 2010. Lawye..

Category: Property Law | Date: | Hits: 26

Kanal Chandra Das being dead his heirs; Reba Rani and oth­ers Vs. Sree Nripendra Chandra Mandal and others, 2010, 39 CLC (AD)

....o prepare paper books out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ...... 2008 passed by the High Court Division in Civil Revision No.1576 of 2003). Order Mohammad Fazlul Karim J.- This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 13th day of October, 2008 passed b......f the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ...... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Muzammel Hossain J Kanal Chandra Das being dead his heirs; Reba Rani and oth­ers……........Petitioners Vs. Sree Nripendra Chandra Mandal and others…………......Respondents Judgment January ..

Category: Property Law | Date: | Hits: 58

Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)

....hopadhya in S.A. Khatian Nos.1699 and 1163. Md. Yunus Ali Molla filed Miscellaneous Case No.1185 of 1969 for correction of record of right and accordingly, got his name corrected and paid rent to the Government. After the death of Yunus Ali, the respondent Nos.5-9 as his heirs and successors have be......ituted Tile Suit No.199 of 1977 in the 1st Court of Munsif, Magura, which was subse­quently transferred to the Munsif Court of Sreepur Upazila and was renumbered as Title Suit No.425 of 1983 against Bangladesh and others. The suit was for declaration of title and confirmation of possession alleging...... VII ADC (2010) 557. ......ellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mst. Komla Begum and another…………….Petitioners Vs. Md. Shahab Ali and others……………........Respondents Order March 15, 2010. L..

Category: Property Law | Date: | Hits: 28

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ...... ......ourt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Surujit Bose (Raju)…......................Petitioner Vs Bangladesh and others…………........Respondents Judgment January 26, 2010. Lawyers Involved: A......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ..

Category: Property Law | Date: | Hits: 23

Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)

....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......ion has been filed. 7. Mr. Masood R. Sobhan, the learned Advocate appearing on behalf of the petitioners, submits inter-alia that the suit property is an abandoned property and it was published in Bangladesh Gazette in 'Ka' list of the abandoned properties in 1986, that besides, the power of atto...... VII ADC (2010) 545.......late Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Azizur Rahman Khan and others………………Petitioners Vs. Md. Aynul Miah and others…………….......Respondents Order March 10, 2010. La..

Category: Property Law | Date: | Hits: 21

Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)

....endant No.2, the Chairman of the Upazilla parishad spent the sanctioned money for the union parishad and when the Chairman of union parishad complained about it before the then Minister for the Local Government Rural Development (LGRD) on 17.2.86, the Minister referred the matter to defen­dant No.4...... decision 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: VII ADC (2010) 541.......eported in: VII ADC (2010) 541.......te Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Rustom Ullah and others………………………… Petitioners Vs. Md. Zomiruddin and others…………….......Respondents Judgment March 9, 2009. C..

Category: Civil Law | Date: | Hits: 72

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

....n to the fact that 29 prisoners of different countries were languishing in the jail for about 5(five) years even after serving out their sentence. The Rule as issued upon the relevant Ministry of the Government and we have heard the learned Deputy Attorney General and the learned Advocate on behalf ......er appears that the Ministry of Home Affairs, also made contact with the Tanzanian Embassy regarding repatriation of 2(two) Tanzanian Prisoners. As regards 10(ten) prisoners of Myanmar, Government of Bangladesh has not yet taken any step and, as such, no contact was made with the Embassy of Myanmar ...... No. 2737 of 2001. Judgement Md. Hamidul Haque J.- This suo-motu Rule was issued on the basis of a letter addressed to Hon’ble Chief Justice by Dr. Faustina Pereira, Advocate of Supreme Court and also Coordinator of Advocacy Ain o Salish Kendra. The Hon’ble Chief Justice directed the Regis...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Faustina Pereira……………………….Petitioner Vs. State……………………………………Opposite Parties. Judgement May 22, 2001. ..

Category: Constitutional Law | Date: | Hits: 123

Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)

....003) 318. ......reme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Zinat Ara J Md. Abid Khan and others ..........…Petitioners Vs. The Government of Bangladesh and others ...........…Respondents Judgment May 5, 2003. Result: The Rule ...... This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......LR (HCD) (2003) 318. ..

Category: Election Law | Date: | Hits: 94

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2008, 37 CLC (HCD)

....র পরে Clause (c) এবং (d) নিম্নলিখিতবাবে সংযোজন করা হয়:এবং “(C) `District Judge’ means the District Judge appointed by the Government in consultation with the Supreme Court of Bangladesh; (d) `Joint District Judge’ mea......লিখিতবাবে সংযোজন করা হয়:এবং “(C) `District Judge’ means the District Judge appointed by the Government in consultation with the Supreme Court of Bangladesh; (d) `Joint District Judge’ means the Joint District Judge appointed by the Governme......রে: “Let a Rule Nisi issue calling upon the Respondents No.1-4 to show cause as to why they should not be directed to given effect to the “The Chittagong Hill Tracts (Amendment) Act 2003” and section 26 of the Nari-o-Shishu Nirjatan Daman Ain 2000 and other laws and or pass such other or......া হইল। বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত । সমাপ্ত। This Case is also Reported in: 61 DLR (2009) 104. ..

Category: Constitutional Law | Date: | Hits: 117