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Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ...... predecessor filed Partition Suit No.36 of 1956 against the predecessor of defendant-appellant Nos.1-7 and all other co-sharers in respect of the suit land and other lands and the suit was decreed in terms of a solenama. The plaintiffs-respondents contended that the suit land fell in the saham of th......ivision (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali Md. Anwarul Haque J Delipjan being dead her heirs: Fazal Haque and other........Appellants Vs. Shahed Badsha and others…………&h..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......he mortgaged property in auction. In the execution case, the writ-petitioner appeared and entered into agreement with the decree-holder-corporation and the execution case was disposed of in terms of the solenama filed by both the parties. But as the writ-petitioner failed to repay the outs......e J AHM Shamsuddin Choudhury J Selim Hossain (Md.)...………………..............Petitioner Vs. Shahabuddin Ahmed and others .............Respondents Judgment &nb..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
...... অবসর গ্রহনের ইচ্ছা প্রকাশ করলে তা পরে প্রত্যাহার করা যাবে না”, which indicates as absolute terms and since that there is no provision quoted clause to withdraw prayers prayers of voluntary re......ate Division
(Civil)
Present:
Nazmun Ara Sultana J
Md. Imman Ali J
Md. Anwarul Haque J
Hasan Foez Siddique J
Bangladesh Agricultural Development Corporation and others.......Appellants (In all the cases)
Vs.
Md. Abdur Rashld and others..............
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......, AAG—For the Respondents.
Writ Petition No. 12272 of 2013.
Judgment
ABM Altaf Hossain J.— The Rule under adjudication, issued on 25-11-2013, was on the following terms:
"Let a Rule be issued calling upon the respondents to show cause as to why the impu......ported in: 67 DLR (HCD) (2015) 191
..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......gh Court Division stating that the Taxes Appellate Tribunal has illegally fixed gross profit at the rate of 20% instead of 11.77% the question of law under reference was couched in the following terms: "Whether in the facts and circumstances of the case the Taxes Appellate Tribunal wa......n-Record—For the Respondent. Civil Appeal No.279 of 2002 (From the judgment and Border dated 25th of March, 2001 passed by the High Court Division in Reference Application No.4..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......gulations Act, 1947, defendant required permission from Bangladesh Bank to be an agent of a foreign company. Plaintiff accordingly managed the permission letter from Bangladesh Bank. Plaintiff as per terms of the agreement dated 20-10-2003 introduced, arranged, involved, negotiated and made all othe......ul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka Improvement Trust DIT Building, Dhaka, 41 DLR (AD) 131 D Wren International Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......de any Rules to define or limit its power of review when the petitions were filed during the relevant time. The language of sub-article (3) of Article 163 of the late Constitution was couched in wide terms of the full extent of the power of review contemplated by the Constitution as under: ......ri Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj Uddin Ahmed Vs. AKM Saiful Alam, 56 DLR (AD) 41; M. Amir Khan Vs.Collector Estate Duty, 14 DLR (SC) 276; Northwest Frontier Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Hoque J Md. Nuruzzaman (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Result: The Rule is dis..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
...... any proceeding only at the instance of a worker, employer or collective bargaining agent for enforcement of 'his' or 'its' right in respect of employment, non employment or terms and conditions of employment in relation to each other; the present BLA case touching mer......R (HCD) (2015) 313
..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......nted the said cheque for encashment but the said cheque was returned to him as unpaid with an endorsement, "payment stopped by the drawer." Thereafter, the complainant issued notice in terms of section 138 of the Act demanding payment of the aforesaid amount under the cheque which was......Abdul Wahhab Miah J Hasan Foez Siddique J SM Redwan………………...............Appellant (In Criminal Appeal No.30 of 2004) Vs. Md. Rezaul Islam and others........…Respondent (In both the cases) Judgment Octob..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......rets the provision, of Article 102(2) of the Constitution as accommodating the idea of non-state actors operating in the commercial and professional arena that far exceed their nominally private terms of reference and takes them into the larger realm of functioning in the public domain. Article......n (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......on firm which successfully participated in the tender floated by the respondent, Khulna University on 1-3-1992. On 10-4-1992, the University issued work order. The appellant completed the work as per terms and conditions of the tender documents and after receipt of bills applied to the University on......Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......ted by the new rules, but no rules can be framed to his disadvantage or detriment or to the denial of his accrued/vested right as in the instant case sought to be taken away. The new rules adding new terms and conditions including the one as to the promotion to the next higher posts shall be effecti......l Hossain CJ Surendra Kumar Sinha J Md. Abdul WahhabMiahJ Hasan Foez Siddique J Bakhrabad Gas System Limited..............................Petitioner Vs. Al Masud-ar-Noor and others.................................Respondents Judgment September 26, 2013. R..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......med Taka 2, 30, 58,220 which was taken rebate by showing excess use of Zinc Ingot.
8. The High Court Division by the impugned judgment and order made the Rule absolute with cost in the following terms:
"Respondent No.2, the Commissioner is hereby directed to refund Taka (3, 28, 22,748......Appellate Division
(Civil)
Present:
Md. Muzammel Hossain CJ
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
AHM Shamsuddin Chowdhury J
Commissioner of Customs, Excise and VAT………………Petitioner
Vs.
Appollo Steel Mills ..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......e Tribunal executed within a reasonable time." Having regard to the decision reported in 44 DLR (AD) 111 in the case of Majibur Rahman Vs. Bangladesh, declaring bar of jurisdiction in respect of terms and conditions of service of persons in the service of the Republic by way of writ-petition an......Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah and 7 another.........Respondent Judgment ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......mely, ইসলামী ছাত্রশিবির, is a student wing of the BJI; and since such a direct affiliation of a political party with a student organization is in violation of the terms and conditions of the RPO, the Commission sent letter No. নিকস/প্র-৩/র......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…&..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......e and ab intio void is liable to be struck down.
9. Mr. Mohsen Rashid, learned Advocate, appearing for the Commission did not dwell much on the question of eligibility of BJI to be registered in terms of the RPO requirements. His contention is that the registration given to BJI was not a regist......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others……&he..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......uch application in the nature of a plaint spelt out the initial engagement of each applicant on a temporary basis on various occasions evidenced in various service contracts stipulating the terms and termination dates of the period of employment. S 1 No. ......nal Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J Robi Axiata Ltd………………...Petitioner Vs. First Labour Court Dhaka and others...................Respondents Judgment July 28, 2013. ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......ision of the trial Court without adverting to the finding forming the basis of such decision. The learned Advocate further submits that having regard to the findings of the appellate Court itself and terms of the remand the Court of appeal below committed an error of law resulting in erroneous decis......(HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......eing & Fabrics Ltd., represented by its Managing Director, the accused petitioner, for marketing and selling 10/1, 16/1 & 20/1 count cotton yarn produced by the said company. According to the terms and conditions of the agreement the complainant paid an amount of Tk. 20, 00,000/- (twenty lac...... (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment July 25, 2013. ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
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