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Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
.... been enlisted under section 5 as abandoned property. A special procedure has also been made therein to decide those cases. A legal presumption has also been attached under section 5(2) to the list published under sub-section (1) as conclusive evidence that the enlisted property is an abandoned p......tructed by Aftab Hossain, Advocate-on-Record—For the Respondent No. 5. Not Represented— Respondent Nos. 2-4. Civil Appeal No. 39 of 1997. (From the judgment and order passed by a Division Bench of the High Court Division on 15-7-93 in Writ Petition No.204 of 1......………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5, 1998. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution......p;…………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5, 1998. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Co..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......ith Civil Appeal Nos. 11 and 12 of 1995. Judgment Latifur Rahman J.- These seven appeals by different importer-appellants, following leave, is against the judgment and order dated 16-8-94 passed in seven writ petitions, being Writ Petition Nos. 1781 of 1990, 287 of 1......sp; May 21, 1998. The Customs Act , 1965 (IV of 1969) Section 19 Subsequent notifications enhancing the tariff rate shall not apply to the imports on which tariff value has been determined at the......Nisi. 2. Although different articles were imported by different importer-appellants yet the question of law involved in all these appeals being common they are being disposed of together in one judgment. 3. Broadly speaking, the importer appellants imported certain articles, such..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ......ftab Hossain, Advocate-on-Record — For the Petitioner. Not represented -Respondents Civil Petition for Leave to Appeal No. 1042 of 1997. (From the Judgment and order dated 30th April, 1997 passed by the High Court Division in Writ Petition No. 1871 of 1990). ......Government and that lessee can revoke the licence of the licensee at any time…………………(7) Lawyers Involved Abdul Wahab, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not repres......sp; Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs. Government of Bangladesh and ors……&hel..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ...... November 24, 1994. The Investment Board Act, 1989 (Act No. XVII of 1989), section 11 Since the decision of the Board of Investment is deemed to be the decision of the Government order of the Board of Investment to allow exempted rate for releasing the disputed machinery the Na......ismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......ed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd………………&he..Category: Business or Commercial Law | Date: | Hits: 112
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......der, Advocate-on-Record — For the Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 174 of 1998. (From the judgment and order dated January 22, 1998 passed by the High Court Division, Dhaka in Civil Rule No. 282(f) of 1......dgment March 3, 1998. The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 26 Execution of a decree can not be stayed after disposal of the appeal on the plea of pending contempt proceedings connected with the parties and the property in dispute……&hel......ent: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Calmare Navigation Co. Ltd…………. Petitioner Vs. Mohammad Nurul Hoque and another……………&..Category: Others | Date: | Hits: 74
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......e, instructed by Md. Nawab All, Advocate-on-Record — For the Appellants. Not represented— the Respondent. Criminal Appeal No. 34 of 1997 (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). Ju......nable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......dure, 1898 (V of 1898) Section 238 The Penal Code, 1860 (XLV of 1860) Section 342 Alteration of the conviction under sections 342/34 of the Penal Code cannot be legally and lawfully done while disposing of an appeal arising from the judgement of the Special Tribunal under section 3..Category: Criminal Law | Date: | Hits: 76
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......Non-Government Intermediate College Teachers (Board of Intermediate and Secondary Education, Jessore) Terms and Conditions of Service Regulations, 1979, Regulation 12 Any post facto approval of an order of dismissal by the Board, is not contemplated but such approval should be secured before pass...... Case is also Reported in: 51 DLR (AD) (1999) 31....... Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Governing Body of Kapilmuni College, represented by the Principal, Kapilmuni College…………… Petitioner Vs. Sheikh Roushan Ali and ors………….. Respondents Judgment July 8, 1997...Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......359 BS to 1372 BS. The trial Judge also believed the certified copy of MR Khatian No. 421, Ext. B recorded in the name of Pasiran Bibi in respect of the suit land. Ext. C, the certified copy of the order of the Revenue Circle Officer in a proceeding under section 19(1) of the State Acquisition Ac......nbsp; Saitan Bibi and others………………. Plaintiff-Appellants ...... khatian was prepared in their names accordingly. During the revisional rent roll operation the suit jote was also recorded in the names of the defendants and the paddy rent has been commuted into money rent of Rs 3/55 and they paid rents of the jote to the Government. Defendant No.1 transferred ..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......Nawab Ali, Advocate-on-Record — For the Appellant. Amir Hossain, Advocate-on-Record — For the Respondent. Criminal Appeal No. 33 of 1997. (From the judgment and order dated June 18, 1997 passed by the High Court Division, Dhaka in Criminal Appeal No. 793 of 19......f the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Asiman Begum………........ Appellant Vs. State, represented by the Deputy Commissioner……………………… Respondent Judgme..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......bsp; The appellant was Deputy Commissioner Kurigram from 10-5-93 to 16-8-95. He has been convicted by a Division Bench of the High Court Division for contempt of court by the impugned judgment and order dated 23 June, 1997 and sentenced to simple imprisonment for 7 (seven) days and a fine of Tak......rs of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......upreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Abdul Haque (Md) Deputy Commissioner………………………….Petitioner ..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......lip;.Respondents Judgment January 15, 1998. The Code of Criminal Procedure, 1898. (V of 1898), Sections 145 & 561A In a civil suit pending between the parties an order for maintaining status quo has been passed prior to proceeding under section 145 between the ...... All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......atifur Rahman J Bimalendu Bikash Roy Choudhury J Abul Bashar and another…………………………………. Petitioner Vs. Hasanuddin Ahmed and ors ………………&..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ...... 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the state and the gov......u Bikash Roy Choudhury J Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents Ju......d order dated 9-12-91. 5. Leave to appeal was obtained from the majority judgment on 30 April 1992. 6. In the meantime, more than 7 years have gone by (since the order of detention) and the context of the case has undergone a considerable chan..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ...... Appellants. Khandker Mahbubuddin Ahmed, Advocate, instructed by SH Siddique, Advocate- Record—For the Respondent. Civil Appeal No. 93 of 1999 (From the judgment and order dated 3-3-1999 p by the High Court Division in Writ Petition No. 7756 1997). Judgment ...... This Case is also Reported in: 52 DLR (AD) (2000) 180. ......transfer by way of gift apart from registration of the document, it must be proved that there was complete divesting of the ownership i.e. the donor had voluntarily transferred the property to the donee and it was accepted by the latter. Mere recital of delivery of possession in the deed is not ..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......Advocate-on-Record- for Respondent No. 1. Not represented—Respondent No. 2 Civil Petition for Leave to Appeal No. 643 of 1999 (From the judgment and order dated 1999 passed by the Administrative Appellate Tribunal in appeal Case No. 51 of 1996). ......e Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Bashar ………&...... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Bashar ……………………...Petitioner Vs. Investment Corporation of Bangladesh & another……&helli..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......nt No. 3. (In both the cases). Not represented— Respondent Nos. 1, 2 and 4-6. Civil Petition for Leave to Appeal Nos. 1236 & 1243 of 1999. (From the Judgment and order dated 11.08.1999 passed by the High Court Division in Writ Petition 2921 of 1998 and 1579 of ......01, 41. ......malendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. Secretary, Ministry of Land & others…………&he..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
.... Properties (Supplementary Provisions) Ordinance, 1985 (briefly the Ordinance), the said property was enlisted as an abandoned property under the provisions of section 5(1)(a) of the Ordinance and published in the official Gazette, dated 28 April 1986. 3. On 14 August 1986 the respondent......i, Senior Advocate (HR Sharif Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 53 of 1997. (From the judgment and order dated 12 June 1994 passed by the High Court Division in Writ Petition No. 1853 of 1989). ......000) 174. ......;…………Appellants Vs. Habib Zamil ……………………..Respondent Judgment April 4, 2000. The Abandoned Properties (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 7 Although..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ......ate-on- Record — For the Petitioners. Not Represented-For the Respondent. Civil Petition For Leave to Appeal No. 261 of 1993. (From the Judgment and order dated 12 January, 1993 passed by the High Court Division in Writ Petition No. 2394 of 1992).......Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. Hussain Mohammad Ershad ………………Respondent Judgment ......n CJ A M Mahmudur Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. Hussain Mohammad Ershad …………&hel..Category: Constitutional Law | Date: | Hits: 170
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ...... Ali, Advocate-on-Record—For the Respondent No. 3. Not represented—For Respondent Nos. 1 & 2. Civil Review petition No. 1 of 2000. (From the Judgment and order dated 23-8-1999 passed by this Division in Civil Petition No. 714 of 1999). ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Zenith Packages Limited ……………….Petit......hman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Zenith Packages Limited ……………….Petitioner Vs. Member Labour Appellate Tribunal Dhaka and others …………..Category: Labour and Industrial Law | Date: | Hits: 127
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......n, Advocate-on-Record—For the Respondent Nos. 1 & 2, Not represented—Respondent Nos. 3 & 4. Civil Petition for leave to Appeal Nos. 724 and 726 of 1999. (From the Judgment and order dated 10 May 1999 and 19 July 1999 passed by the High Court Division in Writ Petition Nos. 338......2 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......ion (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Yaqub Mohammad and another ………………...Petitioner Vs. Bangladesh Bank and others ……….Respondents Judgment August 10, 1999. ..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....ision are relating to notifications under section 1 19 of the Act in exercise of the delegated legislation. 19. Dr. Kamal Hossain further argued that by executive decision notification is published declaring tariff value and retrospective effect cannot be given by such notification publ......1969 (IV of 1969), sections 33, 193 & 196 (ii) The writ petitioner having released the imported goods on payment of assessed duty and having neither preferred an appeal against the order of assessment under section 193 of the Act nor filed any application for refund of the alleg...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants ......l in a statute is attended with an inviolable and non-relaxable condition of payment of fine or extra-duty in full then it can be said that the petition has no equally efficacious remedy. The petitioner having released the goods on payment of additional customs duty and sales tax he ought to hav..Category: Fiscal/Taxation Law | Date: | Hits: 94
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