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Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......ন গণ্য বটে.’ If in either of the letters, written by the Chief Whip of Opposition and the Deputy Leader of Opposition and the Deputy Leader of Opposition, it was conveyed in clear terms that the two concerned members have tendered their resignation, the Speaker would have defin......86; Bradlaugh Vs. Gossett 1884 (12) QBD 271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney General wi..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ......pplication under Article 102 of the Constitution upon which instant Rule Nisi was issued calling upon the respondents should not be directed to absorb the petitioners in the revenue budget as per the terms and conditions of the Project Proforma, Appointment letters and recommendation of the responde......ent: Mir Hashmat Ali J Md. Nuruzzaman J Md. Shafiqul Islam Talukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Banglades..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ...... 7. What the High Court Division basically held is that there is a dispute within the meaning of Article 70 of the Constitution as to whether the concerned members should vacate their seats in terms of Article 70 and that it is not for the Speaker to come to the conclusion that a dispute has ...... Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament Secretariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999..Category: Constitutional Law | Date: | Hits: 138
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......Judge, Faridpur. Learned Additional District Judge, Faridpur heard the appeal and allowed the same in part. Learned Appellate Judge modified judgment and decree recorded by learned trial Judge in the terms that plaintiff is entitled to a decree in preliminary form in .134 acres of land by way of i......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Musammat Afroza Haque…………...Petitioner Vs. Miss Rowshan Ara Begum and others…..........Respondents Judgment August 23, 2009. Lawyers Involved: ..Category: Property Law | Date: | Hits: 22
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. .......159 of 1989 for the first time came to know about the alleged deed of agreement for exchange dated 30-10-1963, the alleged powers of attorneys dated 7-6-1965, the deed of exchange dated 16-6-1980 in terms of Exchange Case No. 35/69-70, Title Suit Nos. 27 of 1971 and 150 of 1972, Civil Revision Nos........ ..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....1A of the Code of Criminal Procedure, 1898 is generally applied to a case or proceeding which is wanting in bona fides and is frivolous or vexatious. The Inherent power of the High Court Division, an extraordinary power to be exercised in extraordinary circumstances in the interest of justice, is ge......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ision (Criminal) Present: Md. Fazlul Karim CJ MA Matin J ABM Khairul Haque J SK Sinha J Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4).........Appellant Vs. State and another…………………Respondents Judgment April 4, 2010. The Code of Criminal Pr..Category: Anti-Corruption Laws | Date: | Hits: 195
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......plication for allotment dated 14.02.2004 fixing the consideration amount at Tk. 22,63,000/- for setting up a jewellery (gold) show room and accordingly an agreement was also made on 14.01.2004 and in terms of agreement down payment was made on 14.01.2004 and subsequently the monthly installments w......rted in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......igh Court Division preferred these civil appeal and leave petitions before this Appellate Division. 9. This Hon'ble Court was pleased to grant leave in Civil Appeal No.178 of 2002 in the following terms- "The learned counsel appearing for the petitioner submits that there is a clear admission ......Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and oth..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......of conditions laid down in the above circular and in the light of the above circular the appellant also, by notice published in the Daily 'Ittefaq' on 14.11.1991, offered exemption of interest on the terms of payment of part of the defaulted loan amount and on an undertaking to pay the balance amo......l Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and others………..Respondents M/S. Beauty Engineers Corporation and others…………....Category: Banking Law | Date: | Hits: 98
....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132.......license needs modification and accordingly this appeal is dismissed with direction upon the appellant who were the respondent in the High Court Division and the direction is modified in the following terms:-
The respondent who are the appellants here are directed to consider and dispose of the ap......ted in: VII (ADC) (2010) 132...
Category: Others | Date: | Hits: 144
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......, tree etc. standing on such plots. In the said tender 9 (nine) residential plots and 1 (one) commercial plot were offered for lease. The last date for dropping the tender was 29.09.2001 and as per terms of the tender schedule tenders were to be opened at 1.30 P.M. on the same dated i.e. on 26.09.......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Ci..Category: Limitation Law | Date: | Hits: 154
....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
......service rendered by the PSI agencies is not extra-territorial and that the PSI agencies render service in Bangladesh and submit bill to the authority in Bangladesh claiming fees and commission in terms of Taka and that the payment for the services render by the PSI agencies is being made in Bang......t
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzul Islam J
National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases)
Vs.
Intertek Testing Services International Ltd...
Category: Fiscal/Taxation Law | Date: | Hits: 95
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......CPO, as shown in the above circular and also impugning the order, dated 28-11-94 and 29-11-94 issued by the appellant No. 1 imposing duty based on the enhanced value of US$ 574.50 per metric tonne in terms of the above Circular dated 3-7-94 in disregard of the invoice value. 2. The respondent ...... 217. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......d technical amendment of laws.
13. Law Commission and commissions of legal matters.
14. Legal proceedings and advice thereon.
15. Matters relating to Government law officers; appointment and terms and conditions of service of attorney-general, additional attorney-general, deputy attorney ge......Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal............Appe..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......d opposite party No.7 on 19.5.2003 deposited tk. 1,65,000/- through Chalan and filed an application in the trial Court for adding him as co-applicant, which was rejected, since no deposit was made in terms and order passed on 4.6.2001 and against that the said opposite party No.7 moved the District ......ted by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By the High Court Division in Civil Revision No. 3872 of 2004.) ..Category: Property Law | Date: | Hits: 63
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......59 of 1989 for the first time came to know about the alleged deed of agreement for exchange dated 30.10.1963, the alleged power of attorneys dated 07.06.1965, the deed of exchange dated 16.06.1980 in terms of Exchange Case No. 35/69-70, Title Suit Nos. 27 of 1971 and 150 of 1972, Civil Revision Nos.......(ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......riminal case against the accused respondent under the Foreign Exchange Regulation Act. 14. Since the proceedings of the aforesaid criminal case under challenge have not been validly initiated in terms of the requirement of section 23 of the Foreign Exchange Regulation Act the same (proceeding......e…………………Petitioner Vs. Mirza Abbas……………..Respondent Judgment November 23, 2009. Result: The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers I..Category: Fiscal/Taxation Law | Date: | Hits: 75
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......ubsequent to issuance of the letter communicating the decision of the bank as to the waiver of interest and granting of installments in the payment of the outstanding loan, did not comply with the terms put on by the Bank in allowing the benefits of waiver of interest and payment of install......Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed by the High Court Division in Writ Petition No.4219 of 2005.) ..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......ayet Ranendra Nath Bose and the Managing Sebayet let out the same to Mamnoor Rashid as a monthly tenant. Thereafter, the Managing Sebayet Ranendra Nath Bose went to India permanently and according to terms of Arpannama the father of the petitioner, Sujit Kumar Bose was appointed Managing Sebayet on ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Fazle Elahi Sharfuzzaman…………………………….Petitioner Vs. Surujit Bose (Raju) and others………………......Respondents Judgment March 3, 2009. Lawyers Involved: ..Category: Tenancy Law | Date: | Hits: 214
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......holder has been benefited to end the met in consideration of money. Subsequently the lease was cancelled as the original lease holder failed to comply the lease money to the Government as per terms of the lease deed made between the parties and as such the present petitioners are actual phy......C (2009) 1000. ..Category: Property Law | Date: | Hits: 88
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