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Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)

....ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ...... for payment of Government dues of Tk.2,14,50,715.00 as without lawful authori­ty. He lastly submits that the Commissioner of Customs is a lawful authority under the Customs Act, 1969 to take a proceeding against a person against whom allegations have been received from the competent authori..

Category: Fiscal/Taxation Law | Date: | Hits: 55

Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)

....n the submissions of the learned Advocate-on-Record for our inter­ference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ......sp;25.05.2006 passed in Civil Revision No. 3506 of 2005 by the High Court Division  rejecting an application for vacating the order of stay passed on 25.08.2005 and the  order staying the proceeding of the execution case on 08.04.2006 which was  extended lastly on 08.05.2006 be re..

Category: Civil Law | Date: | Hits: 94

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......red as against the provisions of sections 19 and 20 of the Pakistan (Administrations of Evacuee Property) Act, 1957. Secondly, he contended that the appellant was not made a party in the confirmation proceeding and, therefore, the order of the Custodian authorities offends against the principle of n..

Category: Property Law | Date: | Hits: 28

Bangladesh Co­operative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)

....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......The Kotwali Police Station thereafter ordered to maintain sta­tus-quo in the case shop. 6. Subsequently the Book Society filed an application before the CMM, Chittagong for drawing up a proceeding under section 145 of the Code of Criminal Procedure in the case shop. The applica­ti..

Category: Criminal Law | Date: | Hits: 32

Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)

....arge was framed against the petitioner and others under section 25B of the Special Powers Act. The petitioner then filed an applica­tion under section 561A of the Code of Criminal Procedure for quashing the pro­ceedings in the aforesaid criminal case on the ground that the allegations do ......rected against the judgment and order dated 9.11.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 939 of 1995 discharging the rule refusing to quash the proceedings in Special Tribunal Case No.382 of 1993 arising out of G.R. Case No. 82 of 1992 and Lo..

Category: Criminal Law | Date: | Hits: 34

Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan 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) 153. ......, which arose out of the judgment and order dated 24.9.2007of the learned Joint District Judge, First Court, Dhaka passed Miscellaneous Case No. 28 of 2005 rejecting the prayer for staying further proceedings of Title Execution Case No. 5 of 1993 pending in the same Court. 2. Maksudun Nab..

Category: Property Law | Date: | Hits: 18

Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)

.... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ......defendant No.1 mutated his name vide Misc. Case No.1338/1982-83 and since then the defendant No.1 has been possession the suit land and Girish Chandra Datta had no right, title and when certificate proceeding was started the father of plaintiff No.1 sold his 1 anna share measuring an area of .08 ..

Category: Property Law | Date: | Hits: 26

Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)

....ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......rty. The said suit was dismissed on 31.07.1993 on contest against which the plaintiff as appellant, preferred Title Appeal No.136 of 1996 in the court of the learned District Judge, Gazipur. While proceeding with the appeal diligently, the appellant fell ill and had been suffering from illness f..

Category: Civil Law | Date: | Hits: 85

Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)

....ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ttee was not constituted but an inquiry officer was appointed. The appointment of an inquiry officer in the present case is breach of Rule 27(2) and is therefore illegal. Consequently, the inquiry proceeding leading to the submission of the inquiry report in this case is not sustainable in law a..

Category: Employment/Service Law | Date: | Hits: 408

Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)

....ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ed in the service of the then United Bank (later on Janata Bank) on February 16, 1966, that he was serving as Senior Officer of the Janata Bank at K.D. Ghosh Road Branch, Khulna and a departmental proceeding was drawn against him by framing charge and he was served with a show cause notice and i..

Category: Administrative Law | Date: | Hits: 96

Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)

....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......the petitioner. It was further contended that notice of the special meeting served upon the petitioner in accordance with law, the petitioner willfully did not attend in the special meeting and the proceeding of the special meeting was done in accordance with law. It is further contended that 10..

Category: Criminal Law | Date: | Hits: 32

M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)

....ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......thority and is of no legal effect and or such other or further order or orders passed as to the High Court Division may seem fit and proper. The High Court Division was also pleased to stay further proceedings of Mortgage Suit No.33 of 1991 pending before the Artha Rin Adalat, Chittagong. ..

Category: Property Law | Date: | Hits: 37

Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)

....ed by the aforesaid order, the respondent-complainant preferred Criminal Miscellaneous Case No. 2707 of 2004 before the High Court Division under Section 561A of the Code of Criminal Procedure for quashing the impugned judgment and order but the learned Judges of the High Court Division without ......lainant) is that he filed a petition of com­plaint under Section 145 of the Code of Criminal Procedure before the Magistrate, 1st Class, Tangail against the petitioners herein for drawing up a proceeding against the petitioners from entering into dispossessing the respondent-informant from 6..

Category: Civil Law | Date: | Hits: 92

M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)

....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......t Petition Nos.5392 of 1996 and 576 of 1998 making both the rules absolute. 2. The respondents as writ petitioners filed Writ Petition Nos. 5392 of 1996 and 576 of 1198 challenging the proceeding of Land Acquisition Case No.1 of 1990-91 in so far it relates to the acquisition of prop..

Category: Property Law | Date: | Hits: 42

Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)

....not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......the said Ain but the same was rejected on the ground that section 47 was not applicable in the execution case. The said respondents then challenged the said auction notice as well as the execution proceeding by filing the said writ petition. A Division Bench of the High Court Division by the imp..

Category: Property Law | Date: | Hits: 19

AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)

....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......C). It appears that although the High Court Division accep­ted the proposition of law laid down for the purpose of amendment that the amendment of the pleadings can be made at any stage of the proceeding but upon finding that according to the facts of the instant case the statements made in ..

Category: Procedural Law | Date: | Hits: 173

Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)

....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ...... effect and it was her further case that since 2005 she had not been given any maintenance and that while she was living alone she received a registered talaknama on 19.3.2006. Following talaque a proceeding was started before the City Corporation, Dhaka and the marriage tie ended on 22.5.2006. ..

Category: Family Law | Date: | Hits: 188

Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)

....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. .......24 acres of land including the land in suit LA Case No. 2 of 1924-25 was initiated but no com­pensation was paid, nor possession was taken over by any authority, that later on in 1962 another proceeding for requisition was started, but the same was dropped by the defendant No. 4 by his lett..

Category: Property Law | Date: | Hits: 25

Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)

....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......endant No.1. The appellate Court observed that without impleading all the heirs of Faizuddin the money suit was filed and accordingly, all the heirs of Faizuddin were not made party in the auction proceeding and the auction was held at a time when plaintiffs were minor and they were not properly..

Category: Property Law | Date: | Hits: 32

Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)

....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..

Category: Property Law | Date: | Hits: 42