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Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)

....) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Muinuddin Zulfiquer ............................................Petitioner Vs Government of the People's Republic of Bangladesh rep­resented by the Secretary, Ministry of S......J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Muinuddin Zulfiquer ............................................Petitioner Vs Government of the People's Republic of Bangladesh rep­resented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka a......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ...... we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 79

Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)

....pondents (In all the cases). Judgment August 8, 2005. Cases Referred To- Mustafa Kamal Vs. The Commissioner of Customs, 52 DLR (AD) 1; Phassco Hardware Company Vs. The Government of Pakistan, PLD 1989 Karachi 621; Collector of Customs, Kasmir Vs. M/s. the New Electro......e imposition of supplemen­tary duty has the force of law having been made under valid legislation. On such speci­fied types of goods imported/exported men­tioned in the from and out of Bangladesh, sec­tion 25(7) in one of such law authorizing the Government to fix tariff value on......Collector of Customs, Customs House, Chittagong & others................. Respondents (In all the cases). Judgment August 8, 2005. Cases Referred To- Mustafa Kamal Vs. The Commissioner of Customs, 52 DLR (AD) 1; Phassco Hardware Company Vs. The Government of Paki......ppeals are dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....the year 1965 said Rama Proshad transferred the said land in favour of Sudhir Chandra Das and accordingly he constructed dwelling house thereon and died in the year 1994; in the year 1964 the then Government requisitioned the suit land for the business of country made wine; that against whereof ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ......Appellate Division (Civil) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Badal Chandra Das and others .........Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 20......lants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Sultan Ahmed, Advocate, instructe..

Category: Property Law | Date: | Hits: 34

Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)

....ellip;………………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, Secretariat, Dhaka and others ........Respondent......ellip;…………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, Secretariat, Dhaka and others ........Respondents Judgment November 30, 2...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ......o not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..

Category: Civil Law | Date: | Hits: 106

Mokbul Hossain (Md) Vs. Government of Bangla­desh and others, 2006, 35 CLC (AD)

....ivil) Present Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangla­desh and others..................Respondents Judgment August...... Appellate Tri­bunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......n (Civil) Present Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangla­desh and others..................Respondents Judgment ...... The appeal is allowed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 132

Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)

....itional Attorney-General, appearing for the appellant that the High Court Division erred in law in making the Rule absolute thereby failing to consider that when Tariff Value has been fixed by the Government by Gazette Notification dated 19-5-1999 in exercise of power under section 25(7) of the ...... Abedin J Commissioner of Customs and others......Appellants Vs. Mohammad Ali................Respondent Judgment April 19, 2007. Cases Referred To- Bangladesh Vs. Mizanur Rahman, 52 DLR (AD) 149. Lawyers Involved: MA Azim Khair, Deput...... Appellate Division (Civil) Present: Md. Fazlul Karim J Amirul K Chowdhury J Md. Joynul Abedin J Commissioner of Customs and others......Appellants Vs. Mohammad Ali................Respondent Judgment April 19, 2007. C......he appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 99

Arif A. Shekha and others Vs. Secretary, Ministry of Indus­tries and another, 2007, 36 CLC (AD)

....ndus­tries and another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD......d another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Governm......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Indus­tries and another..................................Respondents ......D) (2011) 91. ..

Category: Business or Commercial Law | Date: | Hits: 114

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2......e we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 216

Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)

....on 22-2-1977 and obtained Selection Grade on 31-11-1987 and was serving as such and that the Deputy Commissioner, Dhaka started departmental proceeding against him under Rules 3(a) and 3(b) of the Government Servants (Discipline and Appeal) Rules 1985 on the allegation of misconduct and corrupti...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Bangladesh...........................................Appellant Vs. Md. Abdur Razzak an......nt: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Bangladesh...........................................Appellant Vs. Md. Abdur Razzak and others..................Respondents Judgment February......The appeal is dismissed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 117

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....sion as a Dar-rayati tenant under Mohesh Chandra Saha paying rent to him regularly till April 1956 when on whole-sale acquisition of all rent-receiving interests he became a tenant directly under the Government; on his death his sons, Narayan and Tetna Rabi Das, inherited and possessed the land and ......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rah­man J Jashimuddin Kanchan (Md).........………………………………………….Appellant Vs. Md. Ali Ashraf...........……………………………………………..............Res...... Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rah­man J Jashimuddin Kanchan (Md).........………………………………………….Appellant Vs. Md. Ali Ashraf...........……………………………………………..............Respondent..

Category: Property Law | Date: | Hits: 38

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

....m Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiya, Sargodha Vs. Deputy Commissioner, Sar­godha and Government of West Pakistan,18 DLR (SC) 517; Managing Director Dhaka WASA Vs. Superior Builders and ......A Greet and other, AIR 1933 PC 89; Collipara Sriramulu Vs. Aswatla Harayal, AIR 1968 SC 1208; Ramana Dayaram Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiya, Sargodha Vs. Deputy Commissioner, Sar­god...... ......Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..

Category: Others | Date: | Hits: 100

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

.... Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment A......ases Referre to: Virendar Gaur vs. State of Haryana (1995)2 SCC 577; Vineet Narain vs Union of India, AIR 1998 SC 889; MC Mehta vs Union of India, 1999 (6) SCC 12; Dr. Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instruct...... MM Ruhul Amin J Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Res......he appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..

Category: Environmental Law | Date: | Hits: 255

Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)

.... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: December 12, 2006. Case Ref...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: December 12, 2006. Case Referred To- M......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......ound contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 37

Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Ban­gladesh, 2006, 35 CLC (AD)

.... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Muinuddin Zulfiquer (Md) .................................Petitioner Vs Government of the Republic of Ban­gladesh.......Respondents Judgment November 29, 2006......cation by the Administrative Tribunal, relief sought as against the said matter was not available to the writ-petitioner in writ juris­diction of the High Court Division of the Supreme Court of Bangladesh. This Division while dismissing the petition for leave to appeal observed "In the b......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ...... find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 76

Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)

....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......roup of Industries. The writ-petitioners and two others namely Mr. MF Kamal and Mr. Md. Zakaria were the directors of Meghna PET Industries Ltd. Meghna PET Industries Ltd. obtained loan from Saudi Bangladesh Industrial and Agricultural Investment Company Ltd (SABINCO), a public limited company t...... Meghna PET Industries Ltd..........Petitioner (In Civil Petition No. 477 of 2005) Prime Edible Oil Ltd. & another........Petitioners (In Civil Petition No. 478 of 2005) Vs. Md. Mostafa Kamal & others........Respondents (In both the cases) Judgm......eghna PET Industries Ltd..........Petitioner (In Civil Petition No. 477 of 2005) Prime Edible Oil Ltd. & another........Petitioners (In Civil Petition No. 478 of 2005) Vs. Md. Mostafa Kamal & others........Respondents (In both the cases) Judgment Ma..

Category: Business or Commercial Law | Date: | Hits: 108

Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)

....3 which provides for letting out of premises on monthly basis. 9. The main object of the State Acquisition Act 1950 was to eloiminate all kinds of rent receiving interests and make the Government the sole landlord and create only one class of tenants, who would be styled as “m......enancy Act also enacted legislation for the control of the rent of the premises let out on monthly basis. The East Pakistan Premises Rent Control Ordinance 1963 which has been continued in force in Bangladesh with necessary charges is the present law for regulating the relationship of landlord an...... Present Syed ABM Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Ambia Khatun and anr.........Petitioner Vs. Syed Altaf Hossain and another…………..Respondent ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)

....nt is misconceived. The above-cited case was decided on the footing that the case which was stopped was a pending case when Ordinance No. XXXVII of 1983 came into effect on 8.8.83 and, therefore, the Government rightly moved the Ses­sions Judge on 9.11.83 for revival of the stopped case. The accuse......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Niamat Ali Sheikh and others.....…………………………..………….....Appellants Vs. Begum Enayetur Noor and others.....................................Respondents Judgment ......er of the High Court Division is thus confirmed…………..(7 & 9) Lawyers Involved: KS Nabi, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Appellants. Md. Awlad Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respon­dent No..

Category: Criminal Law | Date: | Hits: 46

Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)

.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......ent A.B. M. Hussain C.J Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Shaikh Abdul Quader…………Petitioner Vs. Chairman, Bangladesh Agricultural Development Corporation & ors ……..……&hellip...... (Civil) Present A.B. M. Hussain C.J Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Shaikh Abdul Quader…………Petitioner Vs. Chairman, Bangladesh Agricultural Development Corporation & ors ……..&h......angladesh Agricultural Development Corporation & ors ……..…………. Respondents Judgment August 31, 1977 Cases Referred to: Syed. Md. Sakk Vs. Bangladesh (1975)27 DLR 328; P. R. Nayek Vs Union of India, AIR 1972 (SC) 554; Mian Md...

Category: Employment/Service Law | Date: | Hits: 79

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

.... interference by this Division. Accordingly, the petition is dismissed. Ed. ......rdingly, the petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawy......e High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 156

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....operty in question was not listed as abandoned property It is pertinent to mention that the agreement for sale being of April 21, 1968 it was held by this Division that the same was binding on the Government in the same way as upon the original owner but the same may be cancelled, amended or ter......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......bove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..

Category: Property Law | Date: | Hits: 94