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Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)

.... not find any legal infirmi­ty   in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ......structed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No.1450 of 2007. (From the judgment and order dated 26th September, 2007 passed by the Administrative Appellate Tribunal in Appeal No. 223 o......te Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ...... Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the secretary, Ministry of Communication, Bangladesh Secretariat, Dhaka and others...........Petitioner Vs Md. Zillur Rahman .................Respondent Judgment February ..

Category: Employment/Service Law | Date: | Hits: 67

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

.... 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 (2010) 65. ...... instructed 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.) Ju......t decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 65. ......s also Reported in: VI ADC (2010) 65. ..

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

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

....ality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......e-on-Record-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). ......petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ...... (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Abdul Aziz J Md. Nazrul Islam ............................Petitioner Vs National Fans Limited and another…………........Respondents Judgme..

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

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

....und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......e service of PSI Agency is like that of the 'জরিপ সংস্থা’ the service of the PSI Agency is very much vatable. It has also been sub­mitted by the learned Counsel that before PSI order the PSI Agency had no respon­sibility as to the certificate issued or in other words service ......ccordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......ision dated May 25, 2003 in Writ Petition Nos. 3475, 3439 and 3480 of 2002 making the Rules absolute upon declaring the action of the revenue levying VAT on the fees and commissions of the writ-petitioners who acted as Pre-shipment Inspection Agencies to have been passed without lawful authority and..

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

Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)

....onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ...... directed against the Judgment and Order dated 26-10-2008 passed by the High Court Division in Civil Order No. 4022 of 2008 under section 115(1) of the CPC rejecting the application and affirming the order dated 24-7-2008 passed by the learned Joint District Judge, 1st Court, Barisal in Money Suit N......dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ...... (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Abdus Samad Sheikh and another………………….Petitioners Vs. Khaleda Begum and others................Respondents Judgment ..

Category: Others | Date: | Hits: 94

State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......he Petitioner. Khurshid Alam Khan, Advocate, instructed by Md Zahirul Islam, Advocate-on-Record—For Respondents. Criminal Petition for Leave to Appeal No. 20 of 2010. (From the order 11th November, 2009 passed by the High Court Division in Criminal Miscellaneous Case No. 27555......e directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......10) 111. ..

Category: Others | Date: | Hits: 81

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. ......From the judgment dated 3-6-2008 passed by the High Court Division in Criminal Appeal No.4813 of 2007). Judgment Md. Abdul Matin J.- This petition for leave to appeal is directed against order dated 3-6-2008 passed by the High Court Division in Criminal Appeal No. 4813 of 2007 granting ......vision suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ...... Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commis­sion ..................Petitioner Vs. Sigma Huda and another........................Respondents Judgment ..

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. ......oner. 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). Judgm......Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......010) 225. ..

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

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

....ity College and submitted his joining letter with respondent No. 2 which was accepted. While the respondent No.1 was serving as a Lecturer in the University, the respondent No. 2 on the basis of news published in the newspaper formed another committee for further inquiry. Thereafter, the respondent ......Md. Abul 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. 47......Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......er dated 23-11-2000 passed by the High Court Division in Writ Petition No. 4786 of 1999 making the Rule absolute. 2. The facts involved in the case, in short, are that the respondent No.1 as petitioner upon obtain­ing Master Decree was appointed as Lecturer of Dhaka City College in the Departmen..

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

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

....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. ......peal No. 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, 2305,1935.15......missed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......made at this belated stage to allow them to deter­mine normal value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of law and tried to extract money from the respondents by fixing "indicative value", is a foreign and unknown ter­minology. T..

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)

....egislative Drafting Wing on their option and particularly rule-7(2) provides that any person once absorbed in this service shall not be allowed to go back to his previous service. By the notification published in Bangladesh Gazette dated 10.04.2000, rule 7 of the said Rules were amended providing fo......e-on-Record- 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.) Judg......ed in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......o appeals are directed against the judgment and order dated 18.02.2008 passed by the High Court Division in Writ Petition No.6219 of 2007 making the Rule absolute with direction. 3. The writ-petitioner invoked writ jurisdiction under Article 102(2)(b)(ii) of the Constitution by way of quo-warrant..

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.......7 passed 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 th......smissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26....... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Chan Miah......................Petitioner. Vs. Md. Dabirul Islam Khan @ Muku Miah & Others....................Responden..

Category: Property Law | Date: | Hits: 63

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

....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. ......rs. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by the High Court Division in Civil Revision No.2052 of 1996). ......rdingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Nurul Islam and others....................Petitioners Vs. Lal Miah & another..........................Respondent Judgment: ..

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)

....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. ......d Mahbubar Rahman, Advocate-on-Record- For Respondent Nos.1-4 (In both cases). Not represented- For Respondent Nos.5-9 (In both cases). Civil Appeal Nos. 8-9 of 2005. (From the judgment and order dated 28.01.2002 passed by the High Court Division in First Appeal Nos.203 and 108 of 1995.) ......t binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......t the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No. 13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16.061980 and the Additional Deputy Commissioner (Revenue) Dhaka, by order dated 12.01.1982, without at all giving any finding as to possession ..

Category: Property Law | Date: | Hits: 43

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

....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.  ......07. 5. Thereafter, the case record was trans­mitted to the Metropolitan Special Tribunal No.1, Dhaka for trial and it was registered as Special Tribunal Case No. 544 of 2007. The said Tribunal by order dated 18.7.2007 took cognizance of the case against the accused under section 25(B) (2) of the......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.  ......41.  ..

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

Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)

.... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ...... by A. K. M. Shahidul Huq, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 293 of 2006. (From the judgment and order dated 28.11.2005 passed by the High Court Division in Writ Petition No. 1577 of 1999) ......Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Rupak Dey…………...........................Petitioners Vs Commissioner of Customs and others…......Respondents Judgment..

Category: Fiscal/Taxation Law | Date: | Hits: 125

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

.... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ...... Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 83 of 2007. (From the judgment and order dated the 1st day of February, 2007 passed by the High Court Division in Criminal Revision N......ate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ...... Md. Abdul Matin J M. Ali Asgar………………………………………………….Petitioner Vs. M. Muktar Hossain and others .................Respondents Judgment ..

Category: Criminal Law | Date: | Hits: 116

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......structed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not Represented-For Respondent No. 2.   Civil Appeal No. 172 of 2002. (From the judgment and order dated 19.4.2000 passed by the High Court Division in Civil Revision No.3623 of 1999.) ...... Ed. This Case is also Reported in: VI ADC (2009) 1016. ......99 making the rule absolute.                         2. The writ petitioner respondents filed the aforesaid writ petition challenging the letter issued by the Senior Ass..

Category: Employment/Service Law | Date: | Hits: 146

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......cate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed by the High Court Division in Writ Petition No.4219 of 2005.) ......ed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. R.M. Salt Crushing Industries……………………………....Petitioner Vs. Sonali Bank, Cox's Bazar Branch & others ......................Responden..

Category: Civil Law | Date: | Hits: 136

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

.... was declared by decree passed by Subordinate Judge 1st Court, Dhaka in Title Suit No.56 of 1944 and since then the said property is being run by the Sebayet. The C.S. record was rightly prepared and published in the name of Roy Bahadur Karuna Das Bose on behalf of the deity Sree Sree Laxmi Narayan ......nstructed by Nurul Islam Chowdhury, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1366 of 2008. (From the judgment and order dated the 5th day of June. 2008 passed by die High Court Division in Writ Petition No.3418 of ......te for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......l) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Fazle Elahi Sharfuzzaman…………………………….Petitioner Vs. Surujit Bose (Raju) and others………………......Respondents Judgment Marc..

Category: Tenancy Law | Date: | Hits: 214