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Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)

....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......nd within the time fixed then the entire earliest money would be forfeited and defendant No. 1 would be at liberty to transfer the land anywhere. As the plaintiff failed to take the sale deeds as per terms of the contract within the time the transaction under the contract could not be complete and t......ed in: 56 DLR (2004) 39. ..

Category: Civil Law | Date: | Hits: 78

National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)

.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......k of Credit and Commerce International Overseas Ltd., Deira, Dubai Branch, (the defendant No. 2 in TS No. 56 of 1987) was the advising bank on the said letter of credit. The letter of credit contains terms and conditions, inter alia, that the bill of lading of the said goods must be issued not later...... Ed. This Case is also Reported in: 56 DLR (2004) 15. ..

Category: Business or Commercial Law | Date: | Hits: 202

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ......f respondent No. 2 by which the respondents asked him to stop manufacturing 'Muri' within 7(seven) days and to shift the factory elsewhere, as on inquiry it was found that the petitioner violated the terms of the Environmental clearance certificate. 3. It has further been stated that one Mrs. Fer......iginal Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Abu Jafar Md. Nurul Islam...................Petitioner Vs. DG, Department of Environ­ment, Government of Bangladesh and others.........Respondents Judgment July 15, 2003. Cases referred to- Chairman, Zill..

Category: Environmental Law | Date: | Hits: 226

Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)

....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......t. This Court ultimately confirmed the said auction and thereafter the Registrar of the High Court Division by a letter dated 11‑3‑98 asked the petitioner No.1 to comply with all the formalities, terms and conditions of the auction sale and to make payment of tax, etc and port dues against vesse...... Division (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Didarul Kabir (Md)...............................Petitioner Vs. Commissioner of Customs and others………..….Respondents Judgment August 7, 2001. Lawyers Involved: Dr. M...

Category: Fiscal/Taxation Law | Date: | Hits: 77

Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)

....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......5. Mr. Nurul Huq, the learned Advocate appearing for the petitioners, submits that the suit being a pre-mature one is not maintainable in law. The learned Advocate for the petitioners submits that in terms of Clause 12 of the Services Regulations of the Board of Intermediate and Secondary Education,...... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...

Category: Employment/Service Law | Date: | Hits: 72

SA Coconut Mills Ltd. Vs. Government of the People’s Republic of Bangladesh and Others, 2001, 30 CLC (HCD)

....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 1. ......t petition and the letter dated 14-8-2000, Annexure “D 1” to the writ petition should not be declared to have been passed without any lawful authority and of no legal effect, The Rule was also in terms as to “why the respondents should not be directed, to issue a bonded warehouse licence to th...... Original Jurisdiction)ar Present: Syed Amirul Islam J AKM Shafiuddin J SA Coconut Mills Ltd…….……………Petitioner Vs. Government of the People’s Republic of Bangladesh and Others………. Respondents Judgment August 23, 2001. Cases Referred to- Talekhal ..

Category: Fiscal/Taxation Law | Date: | Hits: 108

Borhan Uddin (Md), Advocate Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 1999, 28 CLC (HCD)

....val of the petitioner is illegal and without any lawful authority. The Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 81.......rial and disposal of the case. It is stated that the petitioner was appointed for conduction of a particular case as a Special Public Prosecutor for which the petitioner acquired no legal right as no terms and conditions of his service as a Special Public Prosecutor is governed or regulated by any l......pecial Original Jurisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Borhan Uddin (Md), Advocate………………………..Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents Judgment June 29, 1999. Case Refe..

Category: Employment/Service Law | Date: | Hits: 108

Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)

.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......ntiff was the advance made from 3rd IDA credit scheme. It further appears that time and again the plaintiff wanted further loan for running the industry which the bank was bound to pay in view of the terms of the IDA credit and the sanction letter. Now from the materials on record it appears that th......se is also Reported in: 52 DLR (HCD) (2000) 75...

Category: Civil Law | Date: | Hits: 72

M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)

....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......tution of the Republic and that right to life includes, among others, right to adequate standard of living, right to health care, right to have unpolluted air and noise. It is also submitted that the terms of the deeds of lease, with the provisions of the Building Construction Act 1952 (EB Act XIII ...... Case is also Reported in: 55 DLR (2003) 1. ..

Category: Environmental Law | Date: | Hits: 259

Shah Dairy Products Limited Vs. Commissioner, Customs, Excise and VAT Chittagong and others, 1999, 28 CLC (HCD)

.... the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 72.......estioning the vires of any item included in the schedule of a statute by the legislature on the ground of its being not in conformity with the charging section. Charging section is couched in general terms and the schedule clarifies the same in specific term to avoid any ambiguity. We have already s......sion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Shah Dairy Products Limited………………Petitioner Vs. Commissioner, Customs, Excise and VAT Chittagong and others………………Respondents Judgment June 7, 1999. Cases Re..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)

.... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ......ason of some formal defect, or (b) that there are other sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject-matter of a suit or part of a claim, it may, on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or abandon such pa......al Saha J Sk Abul Kashem…………………..Petitioner Vs. Abdus Samad Biswas…………………Opposite Party Judgment May 11, 1999. Case Referred To- Md. Badaruddin Moral and others Vs. Santosh Kumar Sen and others, 41 DLR (AD) 156. Lawyers Involved: Nitai Roy Ch..

Category: Property Law | Date: | Hits: 30

Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)

.... expediti­ously. Communicate a copy of the judgment imme­diately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......ffecting the total process of cadre and non-cadre service are manifestly bereft of any reason and are misconceived and hence denied. The petitioners are fit to serve in the service of the Republic in terms of their academic qualifications, aptitude results and physically and they have succeeded in a...... Ed. This Case is also Reported in: 59 DLR (2007) 182. ..

Category: Employment/Service Law | Date: | Hits: 134

AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......mission, the Appellate Division has observed that the submission so made appears to be reasonable and, as such, merits consideration and modified the order of the High Court Division in the following terms: "The writ petitioners would be entitled to have the allotment as affected persons in case ......and). Ed. This Case is also Reported in: 59 DLR (2007) 178...

Category: Property Law | Date: | Hits: 34

AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)

.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......gerial or administrative' functions falls into the class called 'employer.' In the corresponding provision of the Industrial Relations Ordinance, 1969, worker/ workman has been defined in almost same terms. An individual work seeking redress of any grievance, such as redress against his removal or t......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J AVP, Uttara Bank Ltd. ............Petitioner Vs. Shahabuddin Khan and others...………Opposite-Parties Judgment June 27, 2006. Cases Referred T..

Category: Employment/Service Law | Date: | Hits: 69

Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......ner-company the respondent bank has re­scheduled the loan amount on a number of occasions and the petitioner company in response to it has accepted the said re-schedulement but failed to fulfill its terms. In consequence, finding no other alternative the respondent bank instituted the mortgage suit......rt High Court Division (Special Original Jurisdiction) Present: MH Haider J Farah Mahbub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged w..

Category: Civil Law | Date: | Hits: 133

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......n behalf of respondent No. 3 Company and as a security of the said loan, the respondent No. 4 in order to mortgage the schedule property with the bank gave his written consent and subsequently as per terms of the sanction letter of the loan, a Power of Attorney was executed in favour of the Bank for......nstructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Court Division in Writ Petition No.10926 of 2006.) ..

Category: Civil Law | Date: | Hits: 78

Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)

.... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ......ssue as to whether the Customs authority was justified in assessing the imported used vehicles on the basis of the Yellow Book value came up for consideration and the High Court Division held that in terms of notification being SRO No. 215 dated 12.12.95 and notification being No. SRO No. 316 dated ...... Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Monzurul Islam.....................................Petitioner Vs. National Board of Revenue and others ..............Respondents Judgment June 24, 2009. Lawyers Involved: Sufia Kha..

Category: Fiscal/Taxation Law | Date: | Hits: 64

MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131.......uance of this Rule, has been met with inertia and inaction from the respondent over a period of two years or more, a period that has conco­mitantly witnessed certain significant developments both in terms of a legislative enactment bearing on the matter at hand as well as of active judicial inter-v......cation under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent to show cause as to why the respondent should not be direct to grant/issue a "No Objection Certificate" and give registration in favour of the petitioner to allow the petitioner to broadcast, import progr..

Category: Information Technology Law | Date: | Hits: 171

Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......hat the pre-emptor is a co-sharer in the land in question to all intents and purposes. 29. In the decision reported in 2000 BLD 343 referred to by Mr. Garib Newaz, it has been held in no uncertain terms in paragraph 6 that the expression non agricultural land means a piece of land in joint posses......ce. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..

Category: Property Law | Date: | Hits: 39

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......rvey, participated in the auction bid along with other bidders. The plaintiff being highest bidder entered into the lease agreement on 2-12­1990 with the defendant and paid first premium, so, as per terms and conditions of the lease agreement, the plaintiff is bound to pay outstanding arrear instal......man, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- Moslem Ahamed Sarker (Md) vs. Abdul Khaleque and others, 50 DLR 616; Safi Ahamed Chowdhury vs. Pubali Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fa..

Category: Property Law | Date: | Hits: 31