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Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197....... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......redit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Respondents (In Civil Petition No. 540 of 2009) Judgment April 5, 2009. Lawyers Involved: Fida M. Kamal, Senior Advocate instructed by Zahirul Islam, Advocate-on-Rec..

Category: Business or Commercial Law | Date: | Hits: 216

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

....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ...... ABM Khairul Haque J Md. Enam Hossain………………Petitioner Vs. Kayesh Miah and others…………………Respondents Judgment November 15, 2009. Lawyers Involved: A. F. M. Mesbahauddin, Senior Advocate instructed by Md. Nawab Ali, Advoca..

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

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

....s on record came to its finding that the plaintiffs by producing the title deeds and Khatians as well as the oral evidences proved their case of title and possession and that in view of the set­tled principle of law that in exercising revisional power the finding of facts, whether concurrent or not......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......ch 9, 2009. Cases Referred To- Khurshid Ali and others vs. Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Sana and another Vs. Niron alias Niranjan Mandal and other, 17 BLD (AD) 295. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-..

Category: Property Law | Date: | Hits: 37

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

....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......J Md. Abdul Matin J Department of Narcotics Control Dhaka and another ...........Appellants Vs. Crown Beverage Ltd. and another ...........Respondent Judgment December 2, 2008. Lawyers Involved: Monsur Habib, Additional Attorney General instructed by A. S. M. Khalequzzaman,..

Category: Others | Date: | Hits: 144

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

....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......afa Kamal and others.....Respondents (In both cases) Judgment April 27, 2009. Case Referred To- Food Corporation of India Vs. M/s. Kamdhenu Cattle Feed Industries, AIR 1993 S.C. 1601. Lawyers Involved: A. K. M. Nazrul Islam, Senior Advocate instructed by A. K. M. Shahidul Huq, Ad..

Category: Limitation Law | Date: | Hits: 154

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

....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......ndents Judgment October 28, 2009. Cases Referred To- Director of Ports Vs. 2nd Labour Court, Dhaka; Chairman, DIT and another Vs. Chairman, 2nd Labour Court and another this Division. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellants. Respondents-Ex-parte. ..

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

Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)

....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ...... Md. Tafazzul Islam J Md. Abdul Matin J Md. Basarat Ali……………………........Appellant Vs. Md. Abdul Mannan and others……........Respondents Judgment July 9, 2008. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (M. A. Azim, Advocate with him) ins..

Category: Property Law | Date: | Hits: 33

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

....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. ......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. ...... Ameen J Md. Abdul Matin J Mohammad Shahid Ullah ............Appellant Vs. Chairman, First Court of Settlement, Dhaka and others ........Respondents Judgment February 27, 2008. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-..

Category: Property Law | Date: | Hits: 37

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

....owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ...... Abdul Aziz J Shamsun Nahar .....................................Appellant Vs. Khairunnessa Sadiq and others...............Respondents Judgment May 6, 2009. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-o..

Category: Property Law | Date: | Hits: 33

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

....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. ......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. ......ue J Golam Rab Chowdhury…………………………….....Appellant Vs Mrs. Sajeda Begum and others.................Respondents Judgment October 8, 2009. Lawyers Involved: Amirul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 31

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

....Agencies being the statutory Agents of the Government and the NBR, the same are not required to pay VAT as because service is rendered to the Government. It has lastly been contended that the settled principle of law is that the fiscal law for charging a citizen with tax or levy is to be construed s......in J Md. Tafazzul Islam J National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases) Vs. Intertek Testing Services International Ltd. and another.......Respondents (In Civil Appeal No. 287 of 2003) BIVAC Internat...... (FB); Mrs. Momtaz Begum Vs. Taxim Officer PLD 1969, Dhaka, 803; A. V. Fernandez Vs. State of Kerala, AIR 1957 SC, 657;Haji Ghulam Zamin and Abul Hossain Vs. A. B. Khondkar and others 16 DLR, 486. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neagi, Advocate with him) instructed by..

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

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

....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......l Matin J Anti-Corruption Commis­sion ..................Petitioner Vs. Sigma Huda and another........................Respondents Judgment June 19, 2008. The Criminal Law Amendment Act, 1958 (XL of 1958) Section 10 The Emergency Power Rules, 2007, Rule 11(2) Th..

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

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

.... 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. ...... 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. ......10. The Constitution of Bangladesh, 1972 Article 102(2)(a)(ii) The Penal Code, 1860 (XLV of 1860) Section 409 The Prevention of Corruption Act, 1947 (II of 1947) Section 5(2) The Criminal Law Amendment Act, 1958 (XL of 1958) Section 4 A fugitive from justice cannot obtain justice with..

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

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

.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......rior committee legally constituted when such appointment is terminated with stigma attached. Case Referred to- Controller of Examinations, University of Dhaka vs. Mahinuddin 44 DLR (AD) 305. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Re..

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

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

....inding of the High Court Division that the respondents by opening of letter of credit when tariff value was prevalent, acquired a vested right of assessment on the basis of tariff, is contrary to the principles as laid down in Mizanur Rahman's case, 52 DLR (AD) 149 and further, the Government has au......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. ......sessment of customs duties without complying with the requirements of law, in this case, section 25 (1) of the Customs Act. Case Referred To- Mizanur Rahman's case, 52 DLR (AD) 149. Lawyers Involved: Mahbubey Alam, Attorney-General, Naima Haider, Deputy Attorney-General and ..

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)

....75% posts of the Ministry of Law including the post of Secretary for the officers belonging to the members of Judicial Service and their appointment and promotion to the above post is contrary to the principle of separation of judiciary    from the executive as mandated by Article 22 ......solutions and notifications. 3. Drafting, scrutiny and examination of all contracts and agreements including international contracts and agreements and all other legal and other instruments. 4. International conventions and international legal affairs. 5. Conventions with other countries in......nt of Bangladesh, Writ Petition No. 11739 of 2006; Bangladesh Vs. Md. Idrisur Rahman and others, BLT (AD) 231 volume-XVII; S.P. Gupta and others Vs. President of India and others, AIR 1982 SC 149. Lawyers Involved: M. K. Rahman Additional Attorney General instructed by A.S.M.Khalequzzaman, Adv..

Category: Constitutional Law | Date: | Hits: 207

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

..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26........ 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26....... Md. Chan Miah......................Petitioner. Vs. Md. Dabirul Islam Khan @ Muku Miah & Others....................Respondents. Judgment: March 12, 2009. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by M. Khaled Ahmed, Advoca..

Category: Property Law | Date: | Hits: 63

Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....ocuments in favour of defendants were obtained by false personation and by practicing fraud and accordingly the court of appeal below wrongly shifted the onus on the defendants and it is the cardinal principle of law that the plaintiff must prove his case and he is not to rely on the weakness or def......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......Tafazzul Islam J Nurul Islam and others....................Petitioners Vs. Lal Miah & another..........................Respondent Judgment: July 7, 2004. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chakl..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....he pendency of the suits/civil revision which were admittedly filed by their vendors made the purchases without the permission of the court and so the above purchases of the plaintiffs are hit by the principles of lis pendens as provided under Section 52 of the Transfer of Property Act. The plaintif......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ...... Ammal and another, AIR 1945 Madras 454; Order of the Holy Cross Vs. Lonnappan Thattil and another, AIR 1990 Kerala 215; Altaf Hossain and others Vs. Abdul Aziz Beoari and others, 47 DLR (AD) 106. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....ned under section 4(1) (h) of the Code of Criminal procedure inasmuch as the definition of 'complaint' given under said section excludes the report of a police officer. It is a well-known and settled principle of law, as propounded in the case of Mst. Mumtaz Begum and others Vs. The State reported i......there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......nt November 23, 2009. Result: The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney General (with A.K.M. Zahirul Haque, Additional Attorney..

Category: Fiscal/Taxation Law | Date: | Hits: 75