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Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......denying them in the Customs, Excise and VAT Cadre. 12. As part of this machination on 26-10-96 the respondent No.2 in their weekly meeting made a decision regarding the 7 officers in the following terms, “That as a matter of principle the National board of Revenue is not in favour of absorbing ......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......establishing a commercial presence in Bangladesh, CMA CGM intends to provide its world class service to customers in Bangladesh and beyond, which would be beneficial for the business in Bangladesh in terms of the competition and expertise that CMA CGM would bring to Bangladesh; that currently Maersk...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh represented by the Secretary, Ministry of Finance and others……..Petitioners Vs. CMA CGM Bangladesh Shipping Limited……………...R..Category: Administrative Law | Date: | Hits: 318
....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......ference between the tax as determined on the basis of the order of the Appellate Joint Commissioner(or the Commissioner (Appeals) as the case may be and the tax payable under section 74; or”
In terms of the above amended provisions by the impugned order dated 19‑1‑90 petitioner's appeal un......n the appeal of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful authority and of no legal effect and why he should not be directed to entertain and hear and dispose of the sa..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......76 had fallen due from it on account of the price of remaining quantity of rice. 5. Managing Director of each of the writ petitions was convicted and sentenced to suffer imprisonment for different terms and also fined to pay different amounts. Petitioner of each of the writ petitions and other su......rted in: 49 DLR (HCD) (1997) 277. ..Category: Others | Date: | Hits: 146
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......pany registered under the Companies Act. By an agreement dated April 18, 1980, the petitioner British Airways Plc appointed the opposite party as its General Sales Agent for the district of Sylhet on terms and conditions mentioned in the agreement and by a subsequent amendment of the agreement dated...... Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401....... triable exclusively by the Court of Session he shall call upon the complainant to produce all his witnesses and examine them on oath and thereafter he is to send the case to the Court of Sessions in terms of section 205 Cr.P.C. It is not for the Magistrate to weigh and sift the evidence relating to......Petitioner Vs. The State & others…………………………Opposite-Party Judgment November 2, 1982. Result: The rule is made absolute. Cases Referred to- Suruj Meah and others Vs. Rahim Ullah and others, 33 DLR 8. Lawyers Involved: Md. Abdus Sobhan with Khan ..Category: Procedural Law | Date: | Hits: 100
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ...... fixed and settle intention of abandoning the first domicile and acquiring another as the sole domicile is clearly shown. Observation of Lord Halsbury in the case has been couched in the following terms: The law is plain, that where a domicile of origin is proved, lies upon the person who asse......: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 108
....oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......rear of dues with penalty is illegal, mala fide in that the petitioner having faced the business difficulties and financial stringency in payment of bank loan intimated the customs authority in clear terms on 4‑7‑1985 that the seats of the Cinema Hall has been reduced to 703 from 1023 and that A......ginal Jurisdiction)
Present:
Md. Ruhul Amin J
Zakir Ahmed J
Anwar Hossain (Md.)…………………….Petitioner
Vs.
Secretary, Ministry of Finance, (Internal Resources Division) and others………….…….Respondents
Judgment
March 20, 1994.
Result:
The Rule is d..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......in the case of Bangladesh Vs. Haji Abdul Gani and others 32 DLR (AD) 233. 6. In that case the Full Bench of the Appellate Division has considered the meaning and legal sequence of section 95(a) in terms of amendment made by President's Orders 88 and 136 of 1972 and President's Orders 24 of 1973 a......Vs. Md. Momtaz Hasan & others……………………………Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah represented by the A..Category: Property Law | Date: | Hits: 117
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......entioned that Syndicate is the principal executive body having power of managements over all financial and administrative functions as well as power of appointing teachers and employees and to fix up terms and conditions of their services under Jatiya Bishyabiddaloya. Clause 15 of the said Ain regul......sent: Md. Abdul Matin J ATM Fazle Kabir J Md. Zulfikar Mahmud………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others…………………………Respondents Judgment April 18, 2006. Result: The..Category: Employment/Service Law | Date: | Hits: 165
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......he Transfer of Property Act deals with the matter of mortgage by conditional sale. But the present agreement is not a mortgage by conditional sale. Rather it appears that it is an agreement with some terms and conditions which were required to be performed by both the parties. This definition of mor...... (Civil Revisional Jurisdiction) Present: Mozammel Haque J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Secretary Ministry of Public Works and Urban Development........................Petitioner Vs. Hosne Ara Begum and others..........Category: Property Law | Date: | Hits: 157
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......r was given possession thereof. The Government ultimately registered the property in favour of opposite party 1 and she received the balance consideration money from the petitioner. The petitioner in terms of the lease deed built a semi pucca house and is residing there. The petitioner approached th...... High Court Division (Special Revisional Jurisdiction) Present: AM Mahmudur Rahman J Nurul Islam J Ferdousy Begum (Doli)………………………Petitioner Vs. Mahela Khatoon and others……………………………Opposite Parties Judgment December 10, 1996. Res..Category: Civil Law | Date: | Hits: 121
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......ion failed to appreciate the facts and circumstances of this case in its true perspective, as a result of which there has been serious miscarriage of justice in modifying the death sentence into life terms rigorous imprisonment; that the High Court Division did not properly weight and sift the evide......the Respondent. Criminal Petition for Leave to Appeal No.245 of 2005. Judgment Mohammad Fazlul Karim J.- Delay is condoned. The petition for Leave to Appeal is directed against the judgment and order dated 23.02.2005 passed by the High Court Division in Death Reference No.12 of 2002 heard ..Category: Criminal Law | Date: | Hits: 79
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ...... Rule in the aforesaid writ petition was contested by the appellants as well as by the Government. Their main contention is that the writ-petition was not maintainable as it related to enforcement of terms and conditions of service and right to promotion and their remedies lie before the Administrat......se is also Reported in: 20 BLT (AD) (2012) 266. ..Category: Employment/Service Law | Date: | Hits: 149
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......ndment of plaint is envisaged in Order 6 Rule 17 which runs as follows: "The Court may at any stage of the proceeding allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of de......ner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appellant. Md...Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......r the work. The petitioner improperly enhanced the bank guarantee without giving the opposite party any opportunity to show cause, which act damaged the opposite party's business goodwill computed in terms of money at Tk. 2500000.00 at least. The opposite party sustained loss on several other counts...... (HC) 249; Anjuman I Ahmadiya Ashait-1 Islam Lahore Vs. Ghulam ahmed, DLR (Lah) 98; Intertrade Ltd. Vs. Trading Corporation of Pakistan Ltd., PLD 1976 Kar 496; Chief Engineer Pak PWD Karachi Vs. Sami and Co. and others, 22 DLR (DHAKA) 702; Scott Vs. Avery (1855) 5 HLC 811; Md. Akbar Vs. Md. Aslam, 2..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......en asserted that the persons who hold civil posts in the service of the Republic enjoy the protection of Article 135 of the Constitution. Article 133 enables the Parliament to make laws providing the terms and conditions of the services of the Republic and the President to make rules therefore in th......n (Special Original Jurisdiction) Present: Md. Abdul Matin J ATM Fazle Kabir J Md. Aminul Haque Helal…………………………Petitioner Vs. Mr. Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......ing affidavit-in-opposition contending, inter alia, that the petitioner was an employee of the Corporation and his service was governed by the Regulation of Bangladesh Parjatan Corporation and as per terms of his appointment letter, he rendered his service under the Corporation. Though the petitione......Bhuiyan, 43 DLR (AD) 154; Workers of Bata Shoe Co. represented by Bata Mazdoor League (Regd), Lah Vs. Bata Shoe Co. Ltd. Batapur Lahore 23 DLR (SC), 60; Md. Motiar Rahman Vs. Government of Bangladesh and others being Writ Petition No.4540 of 2000; Secretary, Bangladesh Jute Mills Corporation Vs. SAH..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......earch Scholar, Founder Secretary of Manarat International School and College in Dhaka, Executive Editor of Daily Sangram, Vice President of the Combined Dhaka Union of Journalist for two consecutive terms and the Ameer of Jamaat Dhaka City Unit. He is actively involved in many educational instituti......M Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazniun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others ……………......Petitioners Vs. Abdul Quader Mollah and another …………..Category: Criminal Law | Date: | Hits: 95
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......sioner Rajshahi who affirmed the order of the Additional Deputy Commissioner (Revenue), Naogaon, by his order dated 04.11.1989. The further case of the plaintiff is that he did not violate any of the terms and conditions of the lease deed of the permanent settlement and was competent under the law w......epresented-For Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 355 of 2005. Judgment Mohammad Fazlul Karim J. - This Civil Petition for Leave to Appeal arose out of the judgment and decree dated 09.02.2005 passed by the High Court Division in Civil Revision No. 1621 of 1996 mak..Category: Property Law | Date: | Hits: 116
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