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Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ...... as periphery of Ailchara Bazar without acquiring the same as per the law and without paying him compensation. From the judgment of the trial Court, it appears that it decreed the suit in part in the terms as stated hereinbefore on the finding, inter alia, that in the written statement, the Governme......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Zahurul Islam……………............Petitioner Vs. Deputy Commissioner, Kushtia and others............Respondents Judgment January 29, 2012. Result: The leave petition..Category: Property Law | Date: | Hits: 105
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......er property in securities and the effects thereof on the respective rights and liabilities of the parties and such regulations, if approved by the Commission, shall constitute binding and enforceable terms and conditions of contracts effected on the exchange, shall govern the rights and liabilities ...... Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J One Bank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discha..Category: Business or Commercial Law | Date: | Hits: 237
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....ion is to be taken in the public interest. The petitioners who are businessmen have no fundamental right to stop such construction on the plea of business loss. Business is no ground for invoking the extraordinary power under Article 102 of the Constitution. We are afraid that such right can be plea......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ...... Case is also Reported in: 50 DLR (HCD) (1998) 300. ..Category: Civil Law | Date: | Hits: 117
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....nstrucÂtion of the sections may not necessarily be taken as approved. In the result therefore this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364....... Reliance may be placed on GE Shipping Vs. Co. P.S.M.S. Saheb AIR 1959 Mad 367. 8. Section 151 of the Contract Act posÂtulated what care is to be taken by bailee. Section 152 lays down in express terms that in the absence of a special contract a bailee is not responsible for the loss, destructio...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Chittagong Port Authority…………………Appellant Vs. Md. Ishaque and others…………………Respondents Judgment February 13, 1983. Result: The appe..Category: Civil Law | Date: | Hits: 112
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......, 3, 8 and 9. 7. With respect, the learned Judges of the High Court Division having come to the conclusion that the land was relinquished in favour of defendant No.4 by the Pourashava and in clear terms the plaintiff was asked to enter into a new arrangement with defendant No.4 failing which he w......vocate with him) instructed by B. Hossain, Advocate-on-Record - For the appellant. Miah A. Gafur, Advocate-on-record - For the respondent No.1. Civil Appeal No.57 of 1982. (From the judgment and decree dated 11.12.81 passed by the High Court Division in F.A. No. 64 of 1979.) Judgment ..Category: Property Law | Date: | Hits: 99
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......can go into the matter in a collateral proceeding such as the one at hand.
18. It appears that some confusion has crept in during the hearing of this appeal because of using in a loose 'sense, the terms "separation" and "amalgamation" of holdings. These are quite distinct things each having speci......
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Md. Khairullah Bhuiyan………………Appellant
Vs.
Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others………………Respondents
Judgment
May 5, 1982.
Result:
The appeal is all..
Category: Property Law | Date: | Hits: 128
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......h. After 2/3 days hearing by a Division Bench of High Court being presided over by his Lordship Mr. Justice Md. Awlad Ali before lunch break announced that he will issue a Rule Nisi and disclosed the terms of the Rule, whereupon the learned Attorney General submitted that the Hon'ble Court should ho......) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......y scale. From 1-6-85 Modified National Scale of Pay (MNSP) of 1985 was introduced. The corresponding MNPS scale of Taka 470-1135 was Taka 1000-70-1560-EB-90-2280 in the MNSP of 1985. According to the terms of the said agreement dated 21-12-84 some 44 employees were allowed NNPS Scale corresponding t...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393....... Taka 70,53,500.16 allegedly paid less by the petitioner company due to short levy of excise and regulatory duty by the relevant customs and excise authorities for the period of 20-7-81 to 30-6-82 in terms of Rule 10 of the Excise and Salt Rules, 1944. Thereafter, the petitioner company was called u...... High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Sayed J R Mudassir Husain J Gazi Wires Ltd……………Petitioner Vs. National Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made..Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......tant in the original basic cadre, the impugned order dated 1-4-95 relieving him from the protocol officer and restituting him to his earlier post as Upper Division Assistant is illegal in view of the terms of appointment dated 13-7-93 having an independent appointment with higher pay scale in the po......pecial Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J MA Bari……………………Petitioner Vs. Chairman, Bangladesh Water Development Board (BWDB) and others………………Respondent Judgment January 21, 1998. Result: The Rule is m..Category: Employment/Service Law | Date: | Hits: 184
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......king a classification the legislature shall not act arbitrarily but make selection on rational basis. In the light of these observations I shall see whether the impugned legislation is supportable in terms of ‘equality of law’ within the meaning of Article 27 of the Constitution. In support of t......
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......ment of the People’s Republic of Bangladesh at the time of hearing of this petition seriously contends that the petitioner is a member of the disciplined force and the impugned orders relate to the terms and conditions of service of the Defence personnel and, as such, this petition is not maintain......tion) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Judgment October 23, 1997. Result: The petition..Category: Employment/Service Law | Date: | Hits: 244
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......of false or vexatious claim, etc. or an order imposing a fine or the arrest or detention in Civil Prison are passed. Such orders are appealable. Then section 25 provides for revision in the following terms: "25e. Revision of decrees and orders of Courts of Small Causes. The High Court, for the pu......…………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyer..Category: Property Law | Date: | Hits: 113
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......erogation of power. 9. Mr. AK Mujibur Rahman, the learned Deputy Attorney General, on the other hand, argued that the impugned SROs having been provided the clear guide‑lines and suited in clear terms about the rate and capacity, the respondents committed no illegality in levying and Collecting......in J Kazi AT Manowaruddin J Eastern Beverage Industries Ltd………………………………………….Petitioner (In Writ Petition No. 728 of 1990) Bangladesh Beverage Industries Ltd. and another.............Petitioner (In Writ Petition No. 803 of 1990) Dhaka Beverage Industries L..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ch case will have to be decided on its own facts and circumstances, as the existence or not of substantial novelty or originality is a question of fact to be decided by the eye. 17. The novelty in terms of Rule 36 (Patents and Design Rules 1933) must be‑ substantial in regard to the nature of t...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J KM Hasan J National Fans Ltd…………………Petitioner Vs. Md. Firoz and another…………………Respondents Judgment March 20, 1995. Result: The applic..Category: Intellectual Property Law | Date: | Hits: 192
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
.... Such notice has been issued upon no less a person than one of the Deputy Attorney-Generals of Bangladesh for his alleged disobedience to the Court's order to appear before it but what is unusual and extraordinary is the assumption of jurisdiction which the Court did not possess. 4. If the learn......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of 1983 (Suo Motu) Judgment Fazle Munim CJ.- I have gone through the judgment of Shahabuddin Ahmed, J. and agree with his reasoning and conclusion. I would, however, like to add a few words on some aspec..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......rt as was oriÂginally provided in Section 34 only if it was taken up by the collective bargaining agent and made it the subject matter of an industrial disÂpute. It is clear, as it appears from the terms of old Section 34, that the jurisdiction of the Labour Court could be invoked under Section 34...... order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ..
Category: Labour and Industrial Law | Date: | Hits: 167
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284....... was the Manager of the said Branch. On 5-5-75 the petitioner was granted over-draft facility to the tune of Tk. two lacs by the said Branch Manager and the repayment started from 7-5-75 according to terms. The Regional Manager considered that the over-draft facility had been given by way of violati......¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:...... under Article 102 of the Constitution of the People’s Republic of Bangladesh. Judgment AHM Shamsuddin Choudhury J. - The Rule was under adjudication, issued on 4th May 2010, was in following terms; “Let a Rule be issued, calling upon the respondents to show cause as to why the impugned......dhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made ab..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......on under Article 102 of the Constitution of the People’s Republic of Bangladesh.
Judgment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, issued on 6th April, 2008 was in following terms:
“Let a Rule Nisi issue calling upon the Respondents to show cause as to why the impugned......nda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
..
Category: Civil Law | Date: | Hits: 218
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