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M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/S Ashraf and sons represented by its Proprietor, Ali Ashraf............Petitioners (In Civil Petition No. 223 of 2005) Bangladesh represented by the Secretary, Ministry of Public Works and Housing, Bangladesh Secretari......on No. 223 of 2005) Bangladesh represented by the Secretary, Ministry of Public Works and Housing, Bangladesh Secretariat, Dhaka........Petitioner (In Civil Petition No. 490 of 2005) Vs. Md. Zahangir Alam & ors .....................Respondents (In Civil Petition No. 223 ......of 2005) Bangladesh represented by the Secretary, Ministry of Public Works and Housing, Bangladesh Secretariat, Dhaka........Petitioner (In Civil Petition No. 490 of 2005) Vs. Md. Zahangir Alam & ors .....................Respondents (In Civil Petition No. 223 of 2005) ..Category: Civil Law | Date: | Hits: 97
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
.... value declared by the petitioner. 3. That the case of the petitioner, in short, is that the petitioner in course of his business following the import policy of the Government and the Customs Act, 1969, imported 114 sets of General Brand Split type air......l Amin J Md Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division (Cus...... Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Di...... The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Serajul Hoque (Md) Vs. Government of BanglaÂdesh, 2007, 36 CLC (AD)
....: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......R......ce three days later than respondent No. 4 and he was made permanent in service six months after the respondent No. 4. The learned Advocate for the petitioner submits that as per Regulation 10(2) of Bangladesh avvontorin nou poribohon kortipokho er karmochari chakuri Probidhan mala, the seniority ...... Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and oth......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
.... them prior notice or chance of being heard. The further case is that the land of the writ petitioners was allotted to the appellant in CA No. 62 of 2004 (Wega Fashion Sweater Pvt Ltd) by altering Government's earlier decision. The further case is that one Mrs. Madlena D Rozario purchased the la......horising the Government to release any land once it vested in the Government by acquisition according to law. 4. The respondent No. 1, Government of Bangladesh represented by the Secretary, Ministry of Land and respondent No. 5, Sub-Divisional Eng......Appellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Sayeda Shajada Hossain & another......... ...Petitioners Vs. Wega Fashion Sweater (Pvt) Ltd & ors......Respondents Judgment Decembe......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......e with the same. The petition is dismissed. Ed. ...... Present: Md Ruhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, ...... 2004 passed by the High Court Division in Company Matter No. 106 of 2003). Judgment: Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and orde..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......n whose name was later disclosed as Mamun and that some leaflets were also found from his possession wherein it was written “Manob rachito ain manina, Quraner ain chalu karo’-Jamiyutul mujahedin, Bangladesh. 71. P.W 2 Anisur Rahman in his evidence deposed that he attended a meeting held in a......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......e limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......2004 Case Referred To- Girijanandini Devi and others vs Bijendra Narain Choudhury AIR 1967 SC 1124; Nawab All Dhakua vs Abdur Rahman and others 1994 BLD (AD)229; Munshi Mahmud AH and another vs Bangladesh and others 1986 BLD (AD) 56; Watt vs Thomas (1947) 1 All ER 582. Lawyers Involved: ....... Ed. ......ims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......d. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Resu......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
.... to Appeal No. 64 of 1990. (From judgment and order dated 18.2.90 passed by the High Court Division, Dhaka, in Writ Petition No. 309 of 1990). Judgment Shahabuddin Ahmed CJ. - Petitioner, a Government servant, is seeking leave to appeal from an order of the High Court Division dated 18 Feb...........Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the s......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Serajul Islam (Md)........…………………………..............Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment ......ice of the petitioner the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution…(4) Lawyers Involved: Abdur Rab Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented— The Respondent. ..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
....1990) 195. ......preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur RahÂman J National Board of ReveÂnue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe CompaÂny (Bangladesh)......: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur RahÂman J National Board of ReveÂnue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe CompaÂny (Bangladesh) Limited ............……………………………â€......e to the subject should be preferred………………(15 & 16) Lawyers Involved: B. Hossain, Advocate-on-Record. — For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent. Civil Appeal No. 5 of 1988. (From..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
.... (1990) 192. ......e Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others……………………………..........sent: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment Mar......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....cial leave granted to the appellants, BanglaÂdesh and another, to examine the legality and proÂpriety of a decree for specific performance of a conÂtract for sale of a residential flat in Chandpur Government Housing Estate. The decree was passed by the Munsif, Chandpur, is T.S. No. 74 of 1975; it......LR (AD) (1990) 184. ...... Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy CommissionÂer, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..………………………....Respondents Judgment Jun......ury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy CommissionÂer, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..………………………....Respondents Judgment June 14, 1..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....€¦â€¦â€¦.Respondents (In all the appeals) Judgment November 14, 1989. Result: The appeals are dismissed. The Union Parishad (Election) Rules, 1983 Rules 6, 9, 26 & 29 The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 26 Harmonious interpretation ......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......¦â€¦â€¦â€¦â€¦â€¦â€¦....Appellant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the ...... of 1989) and M. Nowab Ali, Advocates-on-Record (In Civil Appeal No. 60 of 1989)—For the Appellants (In all the cases). S. R. Pal, Senior Advocate (Zakir Ahmed, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent No. 6 (In Civil Appeal No. 58 of 1989) N..Category: Election Law | Date: | Hits: 163
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, DhaÂka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of proÂcedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... MH RahÂman J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, DhaÂka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: ...... Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH RahÂman J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, DhaÂka, Bangladesh and ors...………….Defenda......entire- proceeding from the beginning to the end. So, any deficiency of authority for conclusion of the proceeding is cured……(3) Lawyers Involved: M. Amir-ul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the PetiÂtioner. Asrarul Hossain, Senior Advocate in..Category: Employment/Service Law | Date: | Hits: 98
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
....eÂport, to the police who treated it as the first information report and registered a case on 17 OctoÂber 1983. In due course, the police investigated the case and after obtaining sanction from the Government submitted Charge-sheet against the two appelÂlants and one Ratan chandra Sarkar, Assista......ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......nal) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Atiqur Rahman and anÂother…………………………………………....Appellants Vs. The State...............………………………………………...............Responden......ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....ted in the importer inasmuch as the respondent had acted upon assurance that the favourable terms mentioned in the earlier Notification will be applicable to him. He acted upon this assurance and now Government cannot retrace its steps and say that he will have to pay Customs duty at the rate mentio......peal is dismissed. The Customs Act (IV of 1969) Sections 19, 30 & 194 The Sales Tax Ordinance (XVIII of 1982) Section 4(1) The Evidence Act (I of 1872) Section 115 The Constitution of Bangladesh, 1972, Article 102 Promissory Estoppel Notification dated 3.10.84 under section 19 ......esent: Badrul Haider Chowdhury CJ Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Collector of Customs, Custom House, Chittagong and others................................Appellants Vs. A. Hannan...........................…………………………………………………...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ereas section 60 of the Income Tax Act is a statuÂtory law and as such no notification under such law can control the sub-constitutional legislation. SecÂtion 60 reads as: — "60. (1) The (Government) may, by notiÂfication in the (official Gazette), make an exemption, reduction in rate......ovember 8, 1989. Result: The appeals are disÂmissed. The Income Tax Act (XI of 1922) Sections 2(15), 4(1) & 60 The President's Order No. 21 of 1973, Article 10 The Constitution of Bangladesh, 1972, Article 147 Whether a notification under section 60 of the Income Tax Act, 1922......Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J MH Rahman J ATM Afzal J Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka.……………......Appellants Vs. Shahabuddin Ahmed..……………………………………………………....................L E.R. 865 (868). Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by Mr. Sajjadul Huq, Advocate-on-Record— For the Appellant. Habibul Islam Bhuiyan, Advocate, instructed by Md. Ayub, Advocate-on-Record — For the ReÂspondent. Civil Appeal Nos. 70 & 71 of 1989. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Zaker Hossain Vs. Abdur Rahim and OthÂers, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumÂstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..............Appellant Vs. Abdur Rahim and OthÂers.....……………………………...Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or acce...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH RahÂman J ATM Afzal J Zaker Hossain………………………................................Appellant Vs. Abdur Rahim and OthÂers.....……………………………...Respondents Judgment ......tion petition before the tribunal……………………(3) Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Sharif uddin Chaklader, AdÂvocate-on-Record — For the Appellant. Md. Fazlul Karim, Senior Advocate (Zulmat Ali Khan, Advocate with him), instructed by Nowab Ali, Adv..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....ths. Ed. ....... ......esent: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Government of Bangladesh & ors...............Petitioners (In all the cases) Vs. Md. Hasan Shahid & ors...........................Respondents (In C. P. No. 989 of 20...... Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Government of Bangladesh & ors...............Petitioners (In all the cases) Vs. Md. Hasan Shahid & ors...........................Respondents (In C. P. No. 989 of 2005) ..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....4 of 2004.) Judgement: Amirul Kabir Chowdhury J. - Divisional forest Officer, Dhaka and three other Officers of the Government seek leave to appeal against the judgment and order dated 13.12.2004 passed by the High ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ...... Tafazzul Islam J Amirul Kabir Chowdhury J Divisional Forest Officer, Dhaka Forest Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent Judgement June 14, 2005. ......re directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
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