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Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......6 in his favour through the executing Court. Accordingly, the petitioner submitted application before the RAJUK to have the said property mutated in his name upon payment of transfer fee as per the terms of the said decree, but the RAJUK having refused to do so, he has moved this Court and obtaine......s. Rowshan Ara, 57 DLR (AD) 167; Sarwari Begum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, A..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......ajul Islam, Advocate - For the Opposite Parties. Civil Revision No.697 of 1997. Judgment Md. Momtaz Uddin Ahmed J.- The Rule was issued at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show ......73. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......to 10 months. The proposals were received till 30-1-1997 and altogether 25 proposals of 15 participants were received and out of the 25 proposals, 7 proposals were rejected in accordance with the terms and conditions of the Request. For Proposal and 18 proposals were primarily accepted as being ......riminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: T..Category: Criminal Law | Date: | Hits: 156
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......cation under Article 102 of the Constitution of the People’s Republic of Bangladesh.
Judgment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, issued on 07.12.2010, was in following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to why inaction......gree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......by an act of Parliament but by a Martial Law Proclamation in 1978 by a Martial Law Administrator. 7. The respondent Nos.5 and 6 by filing separate affidavits‑in‑opposition contended on similar terms stating that the Parliament passed the impugned Act amending the Constitution providing for a ...... Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..........................Category: Constitutional Law | Date: | Hits: 215
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......IR 1967 Cal. 460. In that case, the facts of which are found to be exactly similar to those of the instant case, a division Bench of the Calcutta High Court held that failure to produce a property in terms of bond constitutes criminal liability as well and that both civil and criminal liabilities ...... the Respondent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Jud..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nsistent with the provisions of section 494 of the Code. For the trial under the Special Powers Act, the provisions of this section will apply and withdrawal may be permitted in accordance with the terms of this section. 5. We now turn to the second limb of the question which is about the scope......his Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... credit facility having the limit at Tk. 90,00,000/-. The Demand Promissory Note and the Deed of Hypothecation together construe a mortgage as contemplated under the Stamp Act. The bank, as per terms of the mortgage deed, can fall upon the mortgaged property only when the primary security, nam......eferred To- 21 Cal 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Comm..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....resence of any of those situations, it would be open to the High Court to quash a case either under the inherent power as retained by Section 482, (which corresponds to our Section 561A) or under the extraordinary jurisdiction conferred by the Constitution through Article 226, (which is similar to o...... the Writ Petition. 9. In his opening speech, Mr. Sheikh Fazle Noor Taposh had it to say that in the light of the attending facts, we should, instead of confining ourselves to the narrow specified terms of the Rule, for the interest of justice, look at a broader horizon, touching upon the questio......se is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......y in the prescribed manner and, after taking such evidence as may be produced, shall pass an order, stating the reasons therefore, rejecting the application or allowing it, wholly or in part, on such terms and conditions as it thinks fit to impose.
If, any person is aggrieved by an order refusi......d.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......is not a legal notice, in other words, to be a valid notice the period of the notice must expire with the end of the month of the tenancy. In Benoy Krishna Das Vs. Salsiccioni, (1932) 37 CWN PC 1 the terms of the lease showed that the lease was "from the 1st day of June, 1921, for the term of four y...... Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: The appeal i..Category: Property Law | Date: | Hits: 103
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......d the plaintiff’s factory for inspection of the manufactured garments. It came with a company named M/s. Hana Reports for inspection who was although not the designated/nominated inspecting firm in terms of the L/C but yet the plaintiff allowed the inspection by them due to insistence of defendant...... Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J M/s. Smart Apparels (Pvt.) Ltd……………..…………………….Petitioner Vs. Hanvit Bank Kuni Bong Branch and others………………….Respondents Judgment November 2, 2003. Result: The petit..Category: Business or Commercial Law | Date: | Hits: 208
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......nnexure-E-1). Nuvista provided the bank guarantee and undertaking (Annexure-F, F-1 and F-2). As a result, the change of name and ownership was approved and permitted by the VAT authorities on those terms. 5. Nuvista then filed the instant writ petition challenging the alleged direct demands and...... (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Revenue and others...........Respondents Judgment October 27, 2010. Result: The Rule is dischar..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......ion of employer who is employed in an establishment or industry for hire or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purposes of any proceeding under this Ordina......original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Christian Service Society (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is mad..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......Opposite Party. Civil Revision No. 383 of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 t...... of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and d..Category: Property Law | Date: | Hits: 88
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......ers Act and to hold the trial thereunder. The appellants are to be tried by the ordinary criminal court of competent jurisdiction in accordance with law. 14. The appeal is, accordingly, allowed in terms indicated above. It is to be pointed out that the offence under section 255 of the Penal Code ...... Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
.... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381.......neral has also argued with much emphasis that the writ petitions were not maintainable at all; that the writ petitioners being service holder under the Republic must raise their grievance regarding terms and conditions of their service before the Administrative Tribunal as stipulated in Article 11......
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Government of Bangladesh, represented by Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others...........................Petitioners (In all the cases)
Vs.
G. M. M. Mizanuar Rahm..
Category: Employment/Service Law | Date: | Hits: 133
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......otion, the respondent No.2 formulated some criteria for promotion to the post of General Manager at the 269th meeting of its Board of Directors held on 27th April, 2005 incorporating therein some new terms and conditions to the prejudice of the petitioners. That the new criteria for promotion to the......b Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dhaka and another……………………………………....Petitioners Vs. Mr. Sukamal Sinha Cho..Category: Employment/Service Law | Date: | Hits: 211
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......for the purpose of making inner and master cartons specified by the respondent to meet his requirement and that there is nothing on record that they would not change original shape or form, under the terms and conditions of the relevant SRO the respondent is not entitled to the facilities specified ......also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......m of recruitment the Government cancelled the recruitment and for such cancellation no notice of show cause is required. He also submitted that the impugned order having been passed in respect of the terms and conditions of service the High Court Division erred in law in not holding that the writ pe...... Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others…………Appellants Vs. Md. Salim Reza……………………..Category: Employment/Service Law | Date: | Hits: 155
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