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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ...... the explanation given by the informant that for fear of reprisal he dared to institute a case. Under the Constitution the President and the Prime Minister take oath on the following amongst other terms: “That I will preserve, protect, and defend the constitution and that......er. ..Category: Criminal Law | Date: | Hits: 228
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ...... the appeal and thereafter preferred, by leave, Civil Appeal No.37 of 1985 before the Appellate Division. By Judgment and order dated 14-7-1986, this Division dismissed the appeal and held that in terms of Article 33(1) read with the definition of "Loan" under Article 2(t) of PO No.128......p; Latifur Rahman J Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin S..Category: Business or Commercial Law | Date: | Hits: 311
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......tion 1994 which is the service regulation of the affiliated college under the National University. Abdul Jabber college Borhanuddin, Bhola is a affiliated college under National University so the terms and condition of appointment of a Principal is governed under 4(ka) of the regulation1994. I......n, Bhola............. Petitioner. Vs. The People’s Republic of Bangladesh represented by Secretary Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others……….Respondents. Judgment August 26, 2009. Law..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......taking oath as such if he resigns or otherwise ceases to hold office as a judge, he is debarred from practicing in the High Court Division. 13. Resultantly, the leave petitions are disposed of in terms and to the extent as indicated in the main judgment. Mohammad Fazlul Karim J.- I have purs......ivision Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......n of suit premises, as a result, his monthly rent was reduced to TK.18,664.00. The defendant also deposited TK.1,20,000.00 as security money to the plaintiff to be adjusted against the rent as per terms of the contract. The dispute between the parties could be solved through arbitration, but the...... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. Classic Fashion Limited.….....Petitioner Vs. Mrs. Asrafunnessa Dana and another……....Respondents Judgment March 15, 2009. Lawyers ..Category: Civil Law | Date: | Hits: 110
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ...... facts leading to the writ petition are that for establishment of Jute Mills, the petitioner’s company got allotment of lease of 60 acres of land on 29.04.1963 from the Government and as per terms and conditions as agreed upon and on receipt of the payment of the entire consideration amoun......Supreme Court Appellate Division Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners..Category: Property Law | Date: | Hits: 25
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......has also laid down the following principles governing the courts discretions in declining to answer a Reference- 1. When the manner in which the question is framed e.g. broad and general and vague terms, or when it is beyond the power of the court to decide it, it is not possible to answer. 2.......r Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar C..Category: Constitutional Law | Date: | Hits: 289
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ...... Civil Petition No.431 of 2005 filed Writ Petition No. 5756 of 2000 on the averments that their homesteads being acquired by the Government, the Land Allotment Committee, Ministry of Works, in terms of the decision taken in the year 1993, subsequently, in the year 1999 allotted 12 rehabilita......ed in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....l directors of the respondent company. In the said meeting of the Board of Directors of the respondent company held on 18.08.2005 it was decided that the resolution passed and adopted at the extraordinary general meeting of the respondent company dated 16.08.2005 would be immediately imple......men who are facing family trouble from their husbands and their family members are threatening them to leave them for investing money in purchasing plots which is relevant to be stated that as per terms of the Indenture Clause No.12 when a plot purchaser surrender his plot for his/her inab......ivision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abu Sufian and others............................Petitioners Vs. Ferdoshi Begum and others&hell..Category: Business or Commercial Law | Date: | Hits: 199
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ......ease of 74.25 acres of the aforesaid closed fishery "Color Beel" comprised in S.A. Plot No. 3000 under S.A. Khatian No.1 to the writ petitioner for establishing a fish firm under certain terms and conditions mentioned therein. Thereafter, pursuant to the said lease order, the writ peti......d in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ...... amount required under Section 158(2) of the Ordinance, observing that no one was present when the matter was taken up and no proof was presented as to waiver of payment of the prescribed amount in terms of Section 158(2) of the Ordinance. 5. Being aggrieved the assessee-petitioner moved ......General) instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 passed by the High Court Division in Reference Application Nos.120 and 1..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ...... share as well as equal say in the management of the proposed company and thereafter 50 copies of the Memorandum and Article of Association of the proposed company were printed containing the above terms along with other terms and the sponsors, as above, after putting their signatures on 8 copie....... Joynul Abedin J Md. Abdul Matin J Md. Kudrat Ali………………………….....Petitioner Vs. Dr. Mahfuzul Haque and another..........Respondents Judgment August 19, 2008. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 44
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......ry under section 33(7) of Ain 2003 and the High Court Division misconstruing the provision of section 33(9), summarily rejected the writ petition. 6. Section 33(5) of Ain 2003, in terms of which certificate was issued, provides as follows: "কোন...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/s. Cromvege Tannaries Ltd. and another......................................Petitioners Vs. Joint District Judge..Category: Civil Law | Date: | Hits: 103
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ...... be declared to have been passed without lawful authority and are of no legal effect and as to why the respondents should not be directed to change the name and business place of the petitioner in terms of annexure F-I. 2. The petitioner filed the above writ petition on the averments that...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Adul Matin J Nasiruddin Biswas…………..Petitioner Vs. Chairman, National Board of Revenue and others……Respondents Judgment July 27, 2008. Lawyers Involved..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ...... running the business was obtained in the name of the petitioner No.1 as managing Director of the hotel. The petitioners took the house on rental basis from the respondent No. 4 under certain terms and conditions as stated in the agreement for running hotel business. Petitioner No.1 signed ......on (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Amir Uddin Miah and another..............................Petitioners Vs. Dhaka City Corporation, rep&..Category: Business or Commercial Law | Date: | Hits: 169
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......nterest of the respondents and by the impugned order sought to protect the interest of the minority shareholders of the company and other respondents were directed to transfer the disputed share in terms of Article 5 of the shareholders agreement. 17. We find no illegality in the order ca...... (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J H.B.M. Iqbal .........................Petitioner Vs. Md. Shirajul Islam and others ....................Respondents Judgment April 12, 2009. Lawyers I..Category: Business or Commercial Law | Date: | Hits: 193
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......he petitioners and they were also placed under suspension by Bangladesh Bank by departmental Staff Orders which are not in accordance with Regulation No.22 of Bangladesh Bank's Staff Regulations in terms of which departmental proceedings are be concluded within 4 months from the date of showing ca....... Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 22, 2008. Cases Referre..Category: Criminal Law | Date: | Hits: 78
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......diction. 7. In the instant case, pursuant to SRO No.56 dated 16.3.1999 the importer made all arrangement for import of the specified taxicab as per specification detailed in SRO applying with the terms and conditions thereto allowing them a right to get the consignment in question cleared on pay......in CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Commissioner of Customs, Customs House, Benapole, Jessore...........Petitioner Vs. Cab Express (BD) Limited and others…..........................Respondents Judgment December 4, 2008. Result: ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ...... discharged. It was also the contention of PDBF that the writ-petitioners were purely temporary employees under Rural Development Board and as such their service was liable to be terminated as per terms and conditions of their letter of appointment by giving notice. Lastly it was submitted that ......n (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Mir Sattaruddin, Md. Johirul Alam, Md. Jamal Uddin and Md. Amir Hossain........Petitioners Vs. Palli Daridra Bimochon Foundation, repres..Category: Employment/Service Law | Date: | Hits: 68
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......uary 18, 1997 passed in civil revision cases and the same was rejected on March 25, 1998 upon observing " Learned Advocate appearing for the applicant failed to satisfy us that there is any ground in terms of order 47 Rule 1 C.P.C to review our judgment and order. It is unfortunate that a frivolous ......e is also Reported in: 62 DLR (AD) (2010) 255. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
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