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KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....t address Exhibit 5(3) showing the address to which the notice of demand had allegedly been sent, Exhibit 6(2) the postal acknowledgment card showing, address where the registered letter was sent and relevant oral evidences on record, there is no presumption of service under the General Clauses Act ...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......me Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdul Matin J Afzal Hossain Ahmed J KM Akhtaruzzaman........................Appellant Vs. Agrani Bank and others.................Respondents Judgment June 18, 2003. Result: The appeal is all......under section 9 was served upon him. The defendant No.3 also filed an additional written statement by denying his signature on guarantee form and after considering the evidence of the parties and the documents which have been exhibited the Bankruptcy Court allowed the suit. Being aggrieved by the ju..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....ank of Bangladesh Ltd. 55‑56 Motijheel C/A Dhaka for import of 40 Metric Tons of Iron and Steel Rerollable Scraps from UK under HS Code No.7204.49.10 as per Import policy order as applicable at the relevant time. The goods in question were properly inspected by a Preshipment Inspection Agency who ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......& others.................Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- A Hannan Vs. Collector of Customs, Customs House, Chittagong and others, 40 DLR 273; Collector of Customs, Customs House, Chittagong and others Vs. A Hannan, 42 ......Report of Finding (CRF) Certificate being No. It/GBQ 10775 dated 26‑1-2004 which shows conformity with the invoice value. Thereafter, the goods were shipped and the supplier sent all the shipping documents, viz, commercial invoice, bill of lading, packing list, etc. As per provision of Article 5..Category: Fiscal/Taxation Law | Date: | Hits: 111
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......rieved thereby the plaintiff moved this Court and obtained the present Rule.
6. Mr. JN Deb, the learned Advocate for the petitioner, has taken me through the impugned order and all other connected papers including the application for amendment for the written statement and submits that by such am......ision
(Civil Revisional Jurisdiction)
Present:
Bijan Kumar Das J
Abul Kashem Al-Asad………………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land & others...............Opposite Parties
Judgment
June 22, 2004.
Result:
The Rule......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51...
Category: Property Law | Date: | Hits: 71
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
..... 2. It deserves mention here that during the pendency of this revisional application both the petitioner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, are that the case kha......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ...... expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......preemption was liable to be rejected. 5. In the trial Court petitioner examined 2 witnesses including himself. Opposite party No. 1 also examined 2 witnesses including himself. They also exhibited documents in support of their respective cases. 6. Learned trial Judge found that between the dee..Category: Property Law | Date: | Hits: 79
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....dra Kumar Sinha J. - This appeal by leave is directed against the judgment and order dated 10th July, 2000 of a Division Bench of the High Court Division in Civil Revision No.414 of 1999. 2. Facts relevant for disposal of the appeal are that the appellants (plaintiffs) instituted Title Suit No.......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......ion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Khokan Chandra Mondal and another........................Appellants Vs. Nanda Lal Mridha and another.........fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..Category: Civil Law | Date: | Hits: 55
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......nt to the Constitution. 9. We have considered the submissions of the learned Counsel for the petitioners and perused the impugned judgment and order of the High Court Division and other connected papers on record. We find substance in the submissions of the learned Advocate for the petitione......ted. Lawyers Involved: Md. Helaluddin Mollah, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 17 of 2008 (From the judgment and order dated 20th April, 2008 passed by the High Court Division in Death Reference No.85 of 2004 ......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)
....statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......nt to the Constitution. 9. We have considered the submissions of the learned Counsel for the petitioners and perused the impugned judgment and order of the High Court Division and other connected papers on record. We find substance in the submissions of the learned Advocate for the petitione......ent: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ratan Sikder alias Ratinnya alias Ratan Das and another.................. Petitioners Vs. The State... .............................Respon......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 77
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....se out of a single judgment of the High Court Division, they were heard together and are disposed of by this single order, which will govern both the criminal petitions for leave to appeal. 3. The relevant facts of the case are as follows: The informant Nurul Amin lodged a First Information R......nce of the petitioners. 9. We have considered the submissions of the learned Advocate-on-Record for the petitioners and perused the impugned judgment of the High Court Division and other connected papers on record. 10. We find merit in the submissions made by the learned Advocate-on-Record fo...... Lawyers Involved: Zainul Abedin, Advocate on Record - For the Petitioner (In both the cases). No one - For Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 2009 passed by the High Court D......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....lled her mother. P.W.4 in unequivocable terms stated that Gopal killed her mother-in-law. She did not utter a single word about the presence of the appellant at or near the place of occurrence at the relevant time. Though this witness claimed that she sustained injury but the prosecution did not pro......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......For the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal Appeal No. 21 of 2010. (From the judgment and order dated 2.2.2009 passed by the High Court Division in Criminal Appeal No.588 of 1989.) Ju......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....ller could not validly be made the basis of the judgment of the case before him. The learned Judge failed even to refer to the material evidence on a particular issue and elected to club together the relevant points with a mere statement that the plaintiff has been able to prove her case. This appro......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......oner Vs. Salenoor Begum………………Plaintiff Opposite Party Judgment June 26, 1997. Result: The Rule is made absolute. Case Referred to- Abdul Malek Miah Vs. Maya Debi and others, 1984 BCR (AD) 42. Lawyers Involved: Shahid Ahmed, Advocate - For the Petitioner. ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..Category: Property Law | Date: | Hits: 64
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....l basis and can be demanded as of right. But the fact remains that gratuity was not meant to be included in the wages, if there was any such intention it would have been specifically mentioned in the relevant provisions of the Act. Therefore, the position is this that the respondent No.1 can neither....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......Present: KM Hasan J Md. Awlad Ali J Shaw Wallace Bangladesh Limited, represented by its Managing Director……………Petitioner Vs. Tofazzal Hossain son of late Abdul Kader, Dhaka and others………………Respondents Judgment August 18, 1997. Result: The Rule is m....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..Category: Labour and Industrial Law | Date: | Hits: 255
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....rred to a number of decisions of this Court namely, the decision reported in 38 DLR and also of Pakistan Supreme Court, namely, PLD 1974 (SC) 139 and PLD 1963 (SC) 704 to which we shall advert at the relevant portion of the Judgment. 13. In the instant case certain points are not disputed, namely...... present during the counting of votes as they were thown out and they were not allowed to count the votes and in that process, wrong result having been shown after counting the election voting ballot papers were created by Tarapsani No.1 who had been elected”. It has been the further case of th...... High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Chowdhury J Md. Sirajul Islam J Mustasim Ali……………………..Petitioner Vs. Abdul Motalib and others…………………………Respondents Judgment July 6, 1993. Result: The R......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....s, upon the plaintiffs, they have filed an application under section 151 of the Code of Civil Procedure with a supplementary affidavit along with some annexures relating to issuance of notices in the relevant land‑ acquisition case, of course at a very belated stage after conclusion of the hearing......sistant Judge is wholly illegal and without jurisdiction and accordingly set aside the same. 6. I have heard the learned Advocates of both the sides, perused the application and all other relevant papers available in the case record including the impugned order of the learned Assistant Judge. Sec......dgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......ce of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in holding, o......f the case, the Taxes Appellate Tribunal was justified in law in holding that the applicant is the real owner of the house property in question ignoring the registered Title‑Deeds and other related documents evidencing the ownership of Mrs. Momtaz Mallik? 3. Whether on the facts and in the circ..Category: Fiscal/Taxation Law | Date: | Hits: 110
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....tted an affidavit of the victim girl on 9.5.87 denying the alleged statements made earlier before the Upazila Magistrate, Matlab on 28.2.87 as she was in an abnormal condition on that date and at the relevant time because of intoxication; hence an application was however filed before the District Ma...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....omotion of its officers. 11. So far as the eligibility of the petitioner's promotion is concerned this was dealt at length by this Court in Writ Petition No.22 of 1985. We should like to quote the relevant portion of the judgment. The relevant portion of the judgment in Writ Petition No.22 of 198......e matter was thoroughly enquired into by the Ministry of Shipping which found that he did not possess any MSc degree at all. The reply of the University, the enquiry report along with other connected papers are annexed to the affidavit‑in‑opposition and marked as Annexures A and B. It is further......sion (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Wadiuzzaman ………………………Petitioner (In all Writ Petitions) Vs. Chairman, BIWTA and others …………………………Respondents (In all Writ Petitions) Judgment April 29......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....n 12A(1) of the Excise and Salt Act, 1944 and totally exempted MS Products of Classes (ii)(iii)(iv) manufactured in a factory other then re-rolling factory. Petitioner of each of the Rules was at the relevant time engaged in manufacturing GP/CI sheets in its respective factory which was not a re-rol......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......vision (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Tamanna Steel Galvanizing Industry Ltd……………..Petitioner Vs. Government of Bangladesh and others…………..Respondents Judgment July 24, 1997. Result: The Rules are discha......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
....l No.2311 of 2010 and No. 803 of 2011 arise out of the judgment and order dated 25.04.2010 passed by the High Court Division in Writ Petition No. 772 of 2010 making the Rule absolute. 3. The facts relevant for consideration of the two leave petitions in brief, are as follows: 4. The writ-petit......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......umar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Mirza Ashfaque Hossain and another (In Civil Petition No. 2311 of 2010) The Vice Chancellor, National University, Gaz......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..Category: Others | Date: | Hits: 153
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
....the judgment and order passed by this Division. It appears that this Division, after hearing the learned Counsel for both the parties and examining the judgment of the High Court Division and other relevant papers on record and also on consideration of all aspects found no illegality or wrong in t......essing the suit land. That in April 1986 the defendant No.5 issued a notice to the plaintiff No.2 treating him as unauthorized occupier of the suit land. That the plaintiff No.2 then produced his papers in support of his title in the suit land before the defendant No.5. Subsequently on 17.10.199......n Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Government of the Republic of Bangladesh represented by the Deputy Commissioner, Brahmanbaria and others.....................Petitioners Vs. Mahabbat Ali and others…....................R......e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ..Category: Property Law | Date: | Hits: 58
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....2 of 1998 and Acts 19, 20 and 21 of 1989 having been called in question before the High Court Division and dealt with by it, we are not required to state the whole facts except the facts and the laws relevant for the disposal of these two leave petitions. Therefore, the facts stated in the writ peti......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. .................................Petitioner (In Civil Petition No.1847 of 2010) Chittagong Hill Tracts Regional Council..........Petitioner (In Civil Petition No.1891 of 2010) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Resu......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
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