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....ly issued the impugned order without serving any notice under Section 55(1) of the Act leaving the petitioner without any opportunity to defend his case. Therefore, violating the principle of natural justice the respondent No. 3 issued the impugned order which is to be declared without lawful author......nt No. 1, Commissioner of Customs, Excise and VAT Commissionrate, Agrabad, Chittagong, on 22-10-2006 and submitted a written statement in support of his price declaration along with all relevant documents on 9-11-2006. The respondent No.1 upon perusal of the same passed an order on 15-11-2006 u..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....d by their alleged purchase; rather the plaintiffs purchased litigation, so the appellate Court and the High Court Division erred in law resulting in an error in the decision occasioning failure of justice in decreeing the plaintiffs' suit. The appellate Court without adverting to the findings of ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....title and possession on the basis of a registered deed of sale. In the circumstances, if the petitioner be also allowed to be added in the revocation proceeding like added opposite parties, we think, justice will not fail." 16. It further appears that the High Court Division passed the impugned j......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....ers the learned Judges of the High Court Division on mere surmises and conjectures wrongly observed "We being satisfied upon the material on record hold the view that it is a fit case where justice demand an exemplary monetary compensation for the detenue from the Respondent Nos. 1 and 2. ......said orders have been made without lawful authority and are liable to be set aside. 40. On careful scrutiny of the writ petitions, impugned judgments, Affidavits-in-Opposition and other relevant documents on record it appears that there was no allegation of physical and mental torture. Apa..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....t alternative relief provided by the statute was neither availed by the predecessors-in-interest of the writ-petitioners nor by themselves for the last about 40 years and this caused miscarriage of justice in passing the impugned judgment and order. Mr. Mahbubey Alam has further submitted that t......er passed in the said miscellaneous case (355 of 1968), though Maqbul Ahmed and others, the predecessors of the writ-petitioners, were not made parties in the miscellaneous case. 13. The star document of added respondent No.6 relying on which the Assistant Commissioner (Land) cancelled the ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
...., Certiorari and Mandamus shall surely lie to rectify his orders………………………. (20) A violation of the elementary principles of natural justice- 'Inaction' of the respondents manifested in not giving the petitioner's go......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
..... But the Assistant Commissioner (land) Sadar, Mymensingh (respondent No.5) did not respond or reply to the application of the petitioner dated 4-1-2009. Thereafter, the petitioner served demand justice notice (Annexure-F to the writ petition) on 1-2-2010 through registered post requesting them......ndra Datta. The father of the petitioner was possessing the land by paying rents to the original tenants by rent receipts. In the year 1971 during me Liberation War the rent receipts along with other documents of Abdul Aziz were destroyed. After the independence of the country Satish Chandra Datta a..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....misconception of law ignoring the statements of law settled by this Division and therefore, the judgments of the High Court Division and the order of this Division require reconsideration for ends of justice. Mr. Mahbubey Alam finally contended that the High Court Division committed fundamental er......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....law. The international law is to be found not only in treatise, but also in the customs and practices of states, which gradually obtained universal recognition, and from the general principle of justice applied by jurists and practiced by military Courts. This law is not static, but by continua......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....sdiction." If it appears to the court that the continuation of the proceeding will be mere abuse of the process of the court and in such circumstances the proceeding need to be quashed for ends of justice. So in that view of the matter we are inclined to quash the proceedings. In the r.......666 dated 10.06.2010 and hence the instant case. On the basis of such dairy, the full brother of the complainant, learned Magistrate Mr. Md. Abul Kalam Azad on malafide intention without any documentary evidence or without any enquiry on the same date i.e. 28.11.2010 issued an warrant of a..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......lied Washing Plant was inadequate (63% deficit) for washing 2000 bed hospital facilities. The claimant-company did not supply Extractors and other machineries as per specifications of the tender documents submitted at the first stage tender. Under the General Conditions of Contract, the purchas..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......ortion of the first schedule land attracted by the aforesaid two plots. Taking advantage of the wrong recording of the suit property in SA Khatian, defendant Nos.1 to 4 collusively created fraudulent documents to lay claim of title to the first schedule property to the extent of land measuring 4.20 ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....hearing of the matters after recalling the unsigned orders on the ground that all the learned counsel for the petitioner could not complete their submissions and therefore, for ends of justice the learned counsel may be afforded opportunity to make further submissions. The Supreme Cou......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....o months of the date of service appeal would not be applicable to the petitioner and the amended provision did not have retrospective effect and by dismissing the appeal on ground of limitation, justice was denied to the petitioner. II. Whether the Administrative Appellate Tribunal having ......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ..Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
.... his sentence, it cannot fold its hands off and shut its eyes from examining the order of the Ministry of Home Affair's to remit the sentence of the petitioner……………(28) Fugitive from justice A man who seeks justice from the Court of law must come before the Court to agitate his......r consideration to give pardon to the petitioner; but, from the application of the wife of the petitioner it is evident that the petitioner was convicted for political victimization and no relevant documents were annexed or submitted with the said application. 46. We do not find any nexus bet..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....e duty of the gold of the petitioners and the other passenger, Abul Hossain arbitrarily acted in violation of the Baggage Rules." On 8-11-2001, the petitioners through their lawyer served a demand justice notice by guaranteed post upon the respondents requesting them to release their gold after ......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....een allowed by granting pre-emption for the entire land but allowing pre-emption in favour of a contiguous owner with ½ of the land under preemption is a mistake of law which occasioned failure of justice." Security of Tk. 1,000/- for each case is to be deposited within 1 (one) month. T......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....of the matter and the materials on record, the High Court Division committed an error of law in affirming sentence of death imposed upon the petitioner. As a result there has been miscarriage of justice." 8. The submissions merit consideration. Leave is according granted only on the q......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
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