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QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....g out from two different cause of action Order 11 rule 7 CPC has no manner of application. The learned Advocate for the respondent also made serious attempts to contend that in the two writ petitions disputed question on facts arises. The contention is misconceived. The two petitions are based on ad...... rates partakes the nature of tax law. Dayal, J in the case of Firm ATB Mehtab Majid and Co. Vs. State of Madras and another, 1963 (SC) 928 observed; “We therefore allow this petition with costs holding the impugned Rule 16(2) invalid and order the issue of a writ of mandamus to the State of Ma..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......s of Phensidyl were recovered from the possession of the co-accused Md. Selim alias Montu and Nawshad Ali. The learned Sessions Judge and Special Tribunal framed charge against the accused appellants holding that the statements under section 161 Cr.P.C. can not be looked into at the time of framing ..Category: Criminal Law | Date: | Hits: 47
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......y Commissioner (General), Dhaka, as evidenced by Annexure “B” to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner was holding the revolver and a double barrel gun on obtaining due licences from the Government in 1987. ..Category: Others | Date: | Hits: 105
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ...... order was challenged by the respondent being the writ petitioner before the Single Judge of the High Court of Allahabad by a petition under Article 226 of the Indian Constitution which was dismissed holding that the authority had acted pursuant to the terms of the contract and that the remedy lies ..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......the pre-emptor, named Semiruddin, Mukbul Ali and others, without mentioning the Khatian Number or plot Number of the same, the suit land can not be pre-empted, as it can not be treated as a part of a holding as defined in section 96 of the State Acquisition and Tenancy Act. Trial Court dismissed the..Category: Property Law | Date: | Hits: 67
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... (iv) Complainants are 8 brothers and 2 sisters. None of the complainant’s brother came to depose before the Court and they were the competent witnesses to give evidence regarding the fact and withholding of those persons went against prosecution. (v) There is no corroborating evidence that ac..Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....eding is not at all illegal and, as such, is not liable to be quashed. 7. We have personally perused the petition filed under section 561A of the CrPC along with annexures thereto. 8. It is not disputed that the accused petitioner is not a public servant under the mischief of section 21 of the......amendment of section 5A of the Prevention of Corruption Act, 1947 authorising a sub-inspector of police to investigate such cases or that the present investigating officer obtained any permission for holding such investigation from a competent Magistrate. So, it appears that the investigation of the..Category: Criminal Law | Date: | Hits: 62
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....ng the required certificate from the BOI. Both the High Court Division and the Appellate Division of this Court found that the Board of Investment which is the proper authority has certified that the disputed machineries were imported for replacement of the damaged components and parts without which......৪/২৪০ dated 4-3-2004 (Annexure A) has cancelled the registration of the petitioner Company issued by it in favour of "Crown Beverage Limited" on the ground of violation of its condition No. 3 holding the petitioner responsible for marketing its products despite the BSTI's inability to grant ..Category: Others | Date: | Hits: 182
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......aneous Appeal No. 38 of 2000 the learned District Judge also dismissed the same on ground of limitation. The High Court Division however disposed of the Rule issued in Civil Revision No. 3257 of 2003 holding that none can file any preemption miscellaneous case against any vested property or land r..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....nd that the appellant could not prove the story of gift by Mohon Lal Nomo in favour of Shyamtara and also could not prove their possession in the suit land. The appellate court below discussed on the disputed decree passed in Title Suit No.808 of 1977 as well as the sole decree passed in Title Suit ......terials on record, the depositions as well as the exhibits available in the case record, and considering the submissions made by the learned Advocates of the respective parties dismissed the appeal upholding the judgment and decree passed by the court below and that in arriving at it's decision the ..Category: Property Law | Date: | Hits: 71
Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
.... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ......6 of the Constitution had been in fact amended by 13th Amendment Act. On the fact of the 13th Amendment Act it appears that those provisions were made only for a limited period for ninety days before holding general election after dissolution of the Parliament or before expiry of the Parliament. We ..Category: Constitutional Law | Date: | Hits: 199
Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
....western side of their land of the above mentioned khatians, which the predecessors of the plaintiffs have been possessing the said land planting trees thereon, as their accreted land. Thereafter when disputed land became cultivable the petitioners filed a miscellaneous" case being case No.988/66-67 ......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4...Category: Property Law | Date: | Hits: 57
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......cord to show that the tenancy was created for non-agricultural purpose. The case land is admittedly situated in rural area. The homestead of the agriculture raiyat is included within the agricultural holding and, therefore, the institution of the case for pre-emption under section 24 of the Non-Agri..Category: Property Law | Date: | Hits: 54
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... petitioner was fully aware of the mortgage suit and she has no interest in the land of respondent No.3 (judgment debtor). In the said affidavit-in-opposition respondent No.4 (auction purchaser) also disputed the right and title of the writ petitioner as well as her co-sharers over the land in quest...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 183
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......lier suit that the cause of action for canceling the deed arose on 29.5.1980, and the same issues were decided between the parties in that suit; and that the present suit was not maintainable for not holding any enquiry under the Lunacy Act to prove that the plaintiff was a person of unsound mind. ..Category: Property Law | Date: | Hits: 54
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......) and followed in R.L. Kapur, (AIR 1972 SC 858), has been referred with approval in a recent decision in Delhi Judicial Service Association V. State of Gujarat, (1991) 4 SCC 406: (1991 AIR SCW 2419), holding that the view of this Court in Sukhdev Singh Sodhi is "that even after the codification of t..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....urt personally or through the learned Advocate and, as such, allegation of non-service of copy on the defendant No.6 is of no merit, that the contention that has been raised in the writ petition is a disputed question of fact and that same is a matter for are adjudication by the trial Court after co......iteral interpretation is given to the newly added words of the statute then that will lead to manifest injustice and would be inconsistent with the object of the legislation. We have no hesitation in holding that in an appropriate case where the reasons for non filing of the documents at the time of..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....cate further submits that in view of the fact that in the absence of any reliable evidence on record to prove that the accused appellant Eman Ali, in violation of the trust, illegally disposed of the disputed shallow tube-well machine, the impugned order of conviction and sentence is not sustainable...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...Category: Criminal Law | Date: | Hits: 43
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......s no reasonings as to why the learned Magistrate dismissed the petition for non appearance of the complainant. It is not clear as to whether the learned Magistrate dismissed the petition of complaint holding that the claim of the complainant or that he is taking adjournment in order to harass the ac..Category: Criminal Law | Date: | Hits: 63
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ...... steps in that regard. 11. From a perusal of the Affidavit-in-opposition it appears that the customs officials dealing with the matter acted at least in a negligent way. The officers concerned are holding very responsible and higher posts in the Revenue Department of the Government and they are s..Category: Fiscal/Taxation Law | Date: | Hits: 83
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