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Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

.... instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented-Respondent Nos. 3-6. Civil Petition for Leave to Appeal No. 504 of 2009 (From order dated 27.08.2008 passed by the High Court Division in Execution Case No.05 of 2004.) Judgment......ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ..

Category: Others | Date: | Hits: 356

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

.... Mahrnudul Islam, Senior Advocate instruct­ed by Zainul Abedin, Advocate-on-Record-the Respondents. Civil Petition for Leave to Appeal No.438 of 2009 (From the judgment and order dated 27.01.2009 passed by the High Court Division in First Appeal No. 114 of 1996.) Judgment......ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ..

Category: Property Law | Date: | Hits: 23

Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)

....d by Md. Altab Hossain, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.92 of 2009 (From the judgment and order dated 30.10.2008 passed by the High Court Division in Civil Revision No.3265 of 2007.) Judgme......2(2) of the Waqf Ordinance does not arise and the appeal preferred by the petitioner was maintainable in law. But the High Court Division failed to consider the same which resulted in an error in the decision and is liable to be set aside. 9. He further submits that immediately after passing ..

Category: Trust/Waqf Law | Date: | Hits: 200

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....ey Alam, Senior Advocate instruct­ed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 200 of 2009. (From the judgment and order dated 27.11.2008 passed by the High Court Division in Civil Revision No. 1863 of 2007.) Judgm......Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..

Category: Property Law | Date: | Hits: 29

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....ed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent Nos. 1-3 Not represented-Respondent Nos.4-6. Civil Petition for Leave to Appeal No. 872 of 2008. (From the judgment and order dated 05.03.2008 passed by the High Court Division in Civil Petition No. 1760 of 2006.) Judgment ......ose were found to be perverse and or there is non-consideration or misreading of the materi­al evidences on record, which in the instant case has been found to be absent by the Revisional Court. The decision with observations given by the High Court Division appears to be in accordance with law and..

Category: Property Law | Date: | Hits: 37

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....uq, Senior Advocate (Dr. M. Zahir, Senior Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No. 62 of 2006. (From the judgment and order dated 15.03.2005 passed by the High Court Division in Writ Petition No.6818 of 2004.) Judgment ......writ petitioner to market its beverages using the cans bearing trade mark of "Crown" and "Hunter" containing beverage within permissible limit in accordance with law and in the light of the aforesaid decision of the Appellate Division the company can lawfully con­tinue manufacturing and marketing o..

Category: Others | Date: | Hits: 144

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....2007). Not represented-Respondent Nos. 2-6 (In Civil Appeal No. 290 of 2007). Civil Appeal No.175 of 2007 and Civil Petition for Leave to Appeal No. 290 of 2007. (From the judgment and order dated 22.08.2006 passed by a Division Bench of the High Court Division in Writ Petition No. 2172 of ......der for the said plot. It is stated that in view of clauses 2.2 and 2.3 of the tender notice the earnest money of the unsuccess­ful bidder was required to be refunded within one month of the date of decision on the tender. But the earnest money of the highest 3(three) bidders was not liable to be r..

Category: Limitation Law | Date: | Hits: 154

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....urt and another this Division. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellants. Respondents-Ex-parte. Civil Appeal No. 110 of 2002. (From the judgment and order dated 20.04.2000 passed by the High Court Division in Writ Petition No.6150 of 1997.) Judgment ......of Labour (Standing Orders) Act, 1965 and without considering its implication upon the present dispute discharged the Rule in favour of the respondent No.2 Md. Golam Nabi resulting in an error in the decision. 6. The learned Advocate on record appear­ing for the petitioner further submitted that..

Category: Labour and Industrial Law | Date: | Hits: 110

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

....Attorney General instructed by Habibur Rahman Miah, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented-Respondent No.3. Civil Appeal No. 188 of 2003. (From the judgment and order dated 22.05.2002 passed by the High Court Division in Writ Petition No.265 of 1997.) Judgment ......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..

Category: Property Law | Date: | Hits: 37

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

....te instructed by Firoz Shah, Advocate-on-Record-For Respondent Nos.1, 4-5. Not repre­sented- Respondent Nos. 2-3, 6-7. Civil Appeal No. 243 of 2003. (From the judgment and order dated 27.03.2002 passed by the High Court Division in Civil Revision No.4059 of 1999.) Judgme......edan Law an undivided share of unusable property capable of division may be lawfully trans­ferred by Heba-bil-Ewaz and as such the Heba-bil-Ewaz deed No. 37889 is valid and thereby made an erroneous decision occasioning failure of justice. It is also submitted that the High Court Division committed..

Category: Property Law | Date: | Hits: 33

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....ppellant. Abdul Wadud Bhuiyan, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Appeal No. 355 of 2002. (From the judgment and order dated 21.11.2001 passed by the High Court Division in Writ petition No.7112 of 1997.) Judgmen......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..

Category: Property Law | Date: | Hits: 31

Commissioner of Customs, Customs Excise and VAT, Chittagong & others Vs. Talha Tex Pro Limited, 2008, 37 CLC (AD)

....ucted by Zainul Abedin, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 891 of 2006. (From the judgment and order dated 15.05.2006 passed by the High Court Division in Writ Petition No.4087of 1999.) Judgment......cts and circum­stances of the case and in view of the dis­cussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (201..

Category: Fiscal/Taxation Law | Date: | Hits: 253

Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)

....ecord-For the petitioners (Appeared with the leave of the Court) Not represented-the Respondents. Civil Petition for Leave to Appeal No. 243 of 2008. (From the judgment and order dated 01.08.2006 passed by the High Court Division in Trade Mark Appeal No. 63 of 2001). Judg...... respon­dent No.1 at Tongi and thereby causing contusion and deception. So the petitioner should not use the word "BISCIC Tongi" in its packages or anything in marketing its fans and accordingly the decision and order rejecting the Opposition Case No.1657 of 2000 filed by the respondent No.1 is uph..

Category: Intellectual Property Law | Date: | Hits: 211

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....Sobhan, Advocate with him) instructed by Aftab Hossain, Advocate-on-record-For the Respondents (In Civil Appeal No. 289 of 2003.) Civil Appeal Nos. 287-289 of 2003. (From the Judgment and Order dated May 25, 2003 passed by the High Court Division in Writ Petition Nos. 3475, 3439 and 3480 of 20......mo, being নথি নং ৪(২) মুসক/বাস্তঃ সেবা ও আধঃ/৯৭/৪৪২ (১-১৭) dated 11.5.2002 of the National Board of Revenue (NBR) com­municating the decision to the relevant authorities for realization of VAT treating the Pre-shipment Inspection Age..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Anti-Corruption Commis­sion Vs. Sigma Huda and another, 2008, 37 CLC (AD)

.... by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent No. 23. Criminal Petition for Leave to Appeal No.269 of 2008. (From the judgment dated 3-6-2008 passed by the High Court Division in Criminal Appeal No.4813 of 2007). Judgment...... Judgment June 19, 2008. The Criminal Law Amendment Act, 1958 (XL of 1958) Section 10 The Emergency Power Rules, 2007, Rule 11(2) The appellate Division will not interfere with the decision of the High Court Division if the later has followed the observations made by the former in..

Category: Anti-Corruption Laws | Date: | Hits: 143

Anti-Corruption Commis­sion Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)

.... Rafique-ul-Huq, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate-on-Record—For the Respon­dents. Civil Petition for Leave to Appeal No.411 of 2009. (From the judgment and order dated 12-11-2008 passed by the High Court Division in Writ Petition No.8601 of 2008). Judgment ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..

Category: Anti-Corruption Laws | Date: | Hits: 186

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

....ul Bashar, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-5. Civil Appeal No. 249 of 2003. (From the judgment and order dated the 23rd day of November, 2000 passed by the High Court Division in Writ Petition No. 4786 of ......t No.1 on appointment. Thereafter, selection committee on the basis of C and D Committee selected the respondent No.1 in the post of Lecturer and referred the matter to the Syndicate for taking final decision regarding his appointment in view of the complaint made by an Associate Professor. The Synd..

Category: Employment/Service Law | Date: | Hits: 68

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

....o. 30). Not represented—Respondents (In Civil Appeal No. 10, 12, 13, 15, 16, 17, 20, 21, 22, 23, 25, 26, 27, 28, 29). Civil Appeal Nos. 08-30 of 2002. (From the judgment and order dated 18-8-1998 passed by the High Court Division in Writ Petition Nos.1704,2304, 2305,1935.1564,117......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....ecord- For Respondent No. 1 (In both the cases) Not represented-Respondent No. 2 (In both the cases) Civil Petition for Leave to Appeal Nos. 111 and 112 of 2008. (From the judgment and order dated 18.02.2008 passed by the High Court Division in Writ Petition No. 6219 of 2007.) Judgment ......t the writ-petition is not a bona fide one. The petitioner filed on earlier occasion another Writ Petition No.7327 of 2006 in the name of Public Interest Litigation (PIL) challenging the Government's decision to upgrade the Legislative Drafting Wing into a full fledged Division. He has, in reality, ..

Category: Constitutional Law | Date: | Hits: 207

Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

....ed By the High Court Division in Civil Revision No. 3872 of 2004.) Judgment Shah Abu Nayeem Mominur Rahman J. – This application for leave to appeal is against the judgment and order dated 20.5.2007 passed in Civil Revision No. 3872 of 2004 by the High Court Division making the rule......and accordingly the required amount has been deposited within the extended time allowed by the Court, which aspect has not been considered by the High Court Division, and thus arrived at an erroneous decision and that the high court division erred in holding that the limitation provided for pre-empt..

Category: Property Law | Date: | Hits: 63