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Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....mount not exceeding 10% on the award already made by the Deputy Commissioner was made by the amending Act No.20 of 1994 upon adding a proviso to section 31 of the Act. The said Act No. 20 of 1994 was published in the Bangladesh Gazette (Ordinary) on 1st of December, 1994. The amending Act was prospe......by leave is against the judgment dated May 28, 1998 of the High Court Division in Civil Revision No.364 of 1996 making the Rule absolute. The revisional application was filed against the judgment and order dated November 13, 1995 of the Arbitration Appellate Tribunal. Dhaka in Arbitration Appeal No....... find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......pellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and other.................................Appellants. Vs. Abdur Rahman and other..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......y, Advocate-on-Record- For the Petitioners Not represented- For Respondent Civil Petition for Leave to Appeal No. 1605 of 2001. (From the judgment and order dated 29-04-2001 passed by the High Court Division in Writ Petition No. 729 of 1990). ......gh Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ...... (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh and others................................Petitioners Vs Md. Shahjahan Gazi..................................................Responden..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......nts T.H. Khan, Senior Advocate, instructed by Khaled Ahmed, Advocate-on Record- For the Respondent Civil Appeal No.283 of 2002 (From the judgment and order dated 301 November 2000 passed by the Administrative Appellate Tribunal in Appeal No. 1 of 2......dul Baqi vs. Government of Bangladesh, 4 BLC (AD) 213. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, (Faisal H. Khan, Assistant Attorney General with him), instructed by Md. Ahsanullah Patwary, Advocate-on-Record- For the Appellants ......side the order dated 11.11.1999 putting him under suspension and also the order of the same date framing charge against him for the purpose of further enquiry. 2. The respondent as the petitioner instituted Administrative Tribunal Case No. 282 of 999 on 15.2.1999 before the Administrative..Category: Administrative Law | Date: | Hits: 124
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants. Ex parte- For the Respondents. Criminal Appeal No. 35 of 2000 (From the judgment and order dated 8th March 2000 passed by the High Court Division in Criminal Miscellaneous Case No.2154 ......e allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......999 corresponding to Petition Case No. 1572 of 1998 in the Court of Magistrate, 1st Class, Combined Criminal Court, 'Ka' Anchal, Gaibandha. 2. The case arose out of a complaint at the instance of one Md. Hasan Karim, Director of Raqib Food Industries Private Limited at D.B. Road, Gaibandha on Se..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
.... 14. From the aforesaid provision in Section 4(1) of the Ain it appears that the Government have been authorized to establish one or more Artha Rin Adalats in every district by notification published in Gazette subject to the provisions of subsections (2) and (3). subsection (2) prov......n-Record- For Respondent No. 1 Not represented-For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No.993 Of 2004 (From the judgment and order dated 12.05.2004 passed by the High Court Division in Writ Petition No. 1372 of 2001.) ......erference. 24. In view of the discussion made above, the petition is dismissed. Ed. ...... Md. Ruhul Amin J Mohammad Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J A. R. A. Jute Mills Limited….......Petitioner Vs. Janata Bank and others........ Respondents Judgment 5 January,..Category: Banking Law | Date: | Hits: 121
....ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
......ith him) instructed by AKM Shahidul Huq, Advocate-on-Record- For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 835 of 2004.
(From the judgment and order dated 08.05.2004 passed by the High Court Division in Writ Petition No.2113 of 2004).
Judg......our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
......vil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzul Islam J
Messers Chemico Laboratories Ltd. represented by its Chairman of Tikapara Ghoramara Rajshahi...................Petitioner
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Minis..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ....... Wahidullah, Advocate-on-Record- For respondent No. 4. Not represented- Respondent Nos. 1-3. Civil Petition for Leave to Appeal No. 705 of 2005 (From the judgment and order dated 16.05.2005 passed by the High Court Division in Writ Petition No.3179 of 2005). ......no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......rt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Ashaduzzaman................ Petitioner. Vs. Bangladesh, representedby the Secretary, Ministry of local Government, Engi..Category: Election Law | Date: | Hits: 120
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......onal Attorney General, instructed by Mr. A.S.M. Khalequzzaman, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No. 337 of 2006. (From the judgment and order dated 20.03.2006 passed by the High Court Division in Writ Petition No. 2476 of 2006.) ......gment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......pellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Arnirul Kabir Chowdhury J Md. Saifur Rahman Emam................. Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Loca..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......uhul Amin J.- The appeal by the plaintiff is against the judgment dated August 27, 1996 of the High Court Division in First Appeal No. 211 of 1996 allowing the same. The appeal was filed, against the order dated November 5, 1995 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka......y the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ...... as the sole defendant seeking decree for an amount of Tk.57,074/- and other ancillary reliefs. The said suit was decreed in 1990 and the Respondent No. 2 put the decree into execution by initiating Money Execution Case No. 96 of 1991 and got the mortgaged property sold in auction. 3. Thereafter..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......-on-Record-- For the Petitioner Not represented-For the Respondent Civil Review Petition No. 32 of 2000. (From the judgement and order dated 12th March 2000 passed by this Division in Civil Petition for leave to appeal No. 645 ......he aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ...... (Civil) Present: Mainur Reza Chowdhury J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J Md. Shafique Ahmed........................................ Petitioner Vs Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parlia..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......mdash; For the Petitioner. Not represented- For the Respondents. Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 passed by the High Court Division in Civil Revision No. 863 of 2000......ut, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ...... (Civil) Present: Md. Ruhul Amin J Syed J.R. Mudassir Husain J Al-haj Mohammad Seraj-ud-Dowla and others.................................Petitioners. Vs. The Secretary, Ministry of works............................................Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ...... Order No. 69 of 1972 became inoperative on the promulgation of the Constitution of Bangladesh with effect from 16th December, 1972. The Court hearing the parties rejected this contention and by an order allowed the application whereupon the proceeding of the suit abated. The appellant moved the......and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......ment of Bangladesh shall cease to be a party to such proceedings and if such proceedings cannot continue in the absence of the Government of Bangladesh, the proceedings shall abate. And that was done. It is to be observed that under Article 149 of the Constitution that this Presidential Order co..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......dvocate-on-Record—For the Appellant. Not represented-The Respondent. Civil Appeal No. 79 of 1977. (From the judgment and order dated 31 5.1973 passed by the High Court Division in Income Tax Reference Case No. 7 of 1970......tive. There will be no order as to costs. Ed. ......er as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ...... to vacate the premises within two weeks from the date of judgment; in default the Appellant will get vacant possession. 5. The tenant moved the Dhaka High Court in revision challenging the order of ejectment. The revision was heard by a Single Judge of the High Court. The learned Judge f......interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......nant-defendant was inducted into the premises by the appellant and his uncle Lakshmi Narayan, and on the latter leaving for India some years ago, the tenant was paying rent to the appellant alone. On the appellant's case that he had become 16 annas owner of the premises on the basis of the ..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......; Ruhul Islam J.- This appeal by special leave arises from the judgment of the High Court Division dated June 27, 1979 in Writ Petition No. 294 of 1973. 2. The appellant challenged the order dated February 17, 1973 passed by the respondent No. 2, Additional Deputy Commissio...... set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......vision dated June 27, 1979 in Writ Petition No. 294 of 1973. 2. The appellant challenged the order dated February 17, 1973 passed by the respondent No. 2, Additional Deputy Commissioner (Revenue), Khulna, rejectingthe application of the appellant for taking lease of the cattle m..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......cate-on-Record—For the Appellant. Hubibul Islam Bhuiyan, Advocate, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent. Civil Appeal No. 120 of 1978 (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 of 19......s allowed and the question is answered in the negative. We make no order as to costs. Ed. ......on (Civil) Present: FKMA Munim J Ruhul Islam J Shahabuddin Ahmed J Jamal Soap Factory, Narayanganj……………………………....................Appellant. Vs. Commissioner of Income-Tax, Dacca Zone, Dacca..................Respondent Judgment. July 10, 1980. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... (3) that notifications dated 2-4-56 u/s 3 of the Act are null and void; (4) that no compensation assessment rolls with regard to the Plff-Debuttor Estate have been prepared or published in terms of the Act a 1 Rules thereunder; (5) that the Debuttor Estate is not ......th plaintiff's possession and management of the Debuttor properties in suit." 2. The learned Subordinate Judge found that the plaint is hit by President's Order No. 90 of 1972 and he ordered the abatement of the suit. On appeal the learned Additional District Judge was of the view...... that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......sent: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh represented by the Deputy Commissioner, Sylhet and others ..........Appellants. &..Category: Property Law | Date: | Hits: 44
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... petitions). Not represented—Respondent No. 1 (in all the petitions.) Civil Petition for special leave to appeal Nos. 58 to 60 of 1980. (On appeal from the judgment and order dated 6-6-79 passed by the High Court Division in Writ Petition Nos. 993, 994 and 995 of 1978...... Civil) Present: F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J S.M. Quddus & ors. ............Petitioners (in C.P. Nos. 58/80, 59/78, 60 of 1980). Vs Chairman, Labour Court, Ctg. & an...... Civil) Present: F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J S.M. Quddus & ors. ............Petitioners (in C.P. Nos. 58/80, 59/78, 60 of 1980). Vs Chairman, Labour Court, Ctg. ..Category: Labour and Industrial Law | Date: | Hits: 110
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......for our consideration, in that Sujan Bibi was a pardanashin lady, and she was also old and illiterate, and so the disposition of property made by her in favour of her grandsons, defendants 1 and 2 in order to be valid, required to be proved by the grandsons that the lady made intelligent execution o......e. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......deeds of waqf, she dedicated the rest of her properties to waqf and appointed the first defendants as the Mutwalli. 3. plaintiffs challenged all the three dispositions on various grounds, but the one relevant for our consideration, in that Sujan Bibi was a pardanashin lady, and she was also old ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......dvocate-on-Record, —For the Petitioners. Md. Aftab Hossain, Advocate-on-Record. — For the Respondents. Civil Petition for Special Leave to Appeal No. 339 of 1979. (From the judgment and order dated the 14th August, 1979 passed by the High Court Division in Writ Petition No. 42 of 1977)......Supreme Court Appellate Division (Civil) Present: Ruhul Islam J KM Subhan J Govt. of Bangladesh, represented by the Secretary, Public Works and Urban Development, Secretariat Buildings, Dacca & another………………..Petitioners Vs. Md. Abdus Subhan & others…......resent: Ruhul Islam J KM Subhan J Govt. of Bangladesh, represented by the Secretary, Public Works and Urban Development, Secretariat Buildings, Dacca & another………………..Petitioners Vs. Md. Abdus Subhan & others……………...Respondents. Judgment December..Category: Property Law | Date: | Hits: 67
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