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M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
.... such the impugned fixation is liable to be declared to have been made without lawful authority and is of no legal effect. He then submits that the High Court Division erred in law in not holding that the impugned tariff value to be fixed without constituting Advisory Committee and with......ce, this leave petition. 6. Zahirul Islam, the learned Advocate-on-Record, appearing for the petitioner, submits that the fixation of tariff value was not a discretionary matter of the Government rather it was subjected to compliance of provisions and procedures of Rules namely (i) fo..Category: Fiscal/Taxation Law | Date: | Hits: 70
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....same. 16. Initially one Nannu Mia informed the death of Peara Begum to the local Police Station and one U.D. case was registered. The police went to the place of occurrence and after holding inquest of the dead body of the deceased sent the same to the morgue for post mortem examina......formant and P.W.3 that the convict and others assaulted the deceased and ultimately she died but none of them has been examined in this case. The explanation is that all of them have been gained over. 24. Let us now come to the evidence of P.W.14. Dr. Habibur Rahman who was Medical O..Category: Criminal Law | Date: | Hits: 62
Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)
....of the Employment of Labour (Standing Orders) Act, 1965 writ petition challenging such decision was not maintainable being misconceived. He lastly submits that the High Court Division erred in holding that an enquiry by the petitioner into the grievance by affording a personal hearing t......itted his report stating that the medical certificates issued by Dr. Md. Muzibul Haque certifying illness of the respondent No.1 were correct. The respondent No. 1 in the meantime recovered from illness and filed an application on 16.1.1999 before the petitioner for joining his du..Category: Employment/Service Law | Date: | Hits: 81
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 4. The High Court Division after hearing the parties discharged the Rule holding that recounting of ballot papers is permissible in law and in so holding the High Court Div......ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
....of 1982 reversed the judgment and decree of the trial Court on the finding that the plaintiffs would not entitled to the benefits under the said provision and that trial Court was quite correct in holding that plaintiffs would be entitled to the benefits of benevolent fund and group insura......Senior Assistant Judge, Dhaka in Title Suit No. 37 of 1999 decreeing the same. The trial Court by the decree declared the plaintiff would get benevolent fund and group insurance benefit under the Government and Autonomous Bodies Employees Benevolent Fund and Group Insurance Ordinance, 1982 (Ordi..Category: Employment/Service Law | Date: | Hits: 82
Shabul Miah Vs. State, 2008, 37 CLC (AD)
....perused the judgment and order of the High Court Division and the evidence and other materials on record. 4. As it appears the High Court Division dismissed the Jail appeal of the petitioner holding that there is no blemish or falsehood in the testimony of RWs. 1, 2, 3, 4,5, 6, 7 and ......ing the night of shab-e-barat and while they reached at the front of the house of accused Nuruddin, he started scolding the informant for not compromising the dispute between him and the informant over a ditch and at this Bhola and Muktadir told Nuruddin not to scold whereupon, at one stage, Nur..Category: Criminal Law | Date: | Hits: 39
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... Judge having considered oral evidence of Pw.1 and the plan approved by the Municipality (Exhibit-2), the High Court Division committed an error in reversing the judgment of the learned S.C.C Judge holding that no ground of bonafide requirement was made by the plaintiff. 6. Aynuddin, the l......Division, contended that the since the respondent is not a defaulter as found by the S.C.C. Judge and as per approved plan (Exhibit-2) by the Sylhet Municipality for construction of the first floor over the existing ground floor of the suit shop, it is not necessary to evict the respondent from t..Category: Property Law | Date: | Hits: 32
....ordingly not in a position to deposit the 2nd installment of Tk. 15,00,000/- by 20.4.2003 prayed for further time but the High Court Division, rejecting the prayer for time, vacated the order of stay holding that because of the default of the petitioner, the order of stay dated 7.3.2007 stood vacate......illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
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Category: Civil Law | Date: | Hits: 120
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
.... of that Managing Committee expired on March 6, 2001. Since the election was not held under the outgoing Managing Committee an Ad-hoc Managing Committee was formed for a period of 90 days for holding election of the Managing Committee of the Samity. The said Ad-hoc committee could not hold ......Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J S. M. Delwar Hossain and others........Appellants Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local G..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....th the prayer for partition of the land of 'Ka' schedule. 21. The learned Advocate-on-Record submitted that the High Court Division as well as the Court of appeal below were in error in holding that the defendants were to prove their case of auction purchase of the land of 'Kha' and '......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. ..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....rial fact and evidence on record in this regard. 11. Admittedly the plaintiff is a co-sharer in the C schedule land with the defendants. The High Court Division has therefore erred in law in holding that the plaintiff acquired title to the said 'C' schedule land by adverse possession ......tiff-respondent No. 1 became the owner of the land owned by his father and continued possessing the same jointly with other defendants. 4. On account of default of payment of rent the then Government of East Pakistan sold the said land under 'C' schedule in auction to the plaintiff-respon..Category: Property Law | Date: | Hits: 42
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....that the property has been rightly included in the list of abandoned buildings. The Court of Settlement, after hearing, allowed the case excluding the property from the list of abandoned buildings holding that the Government did not submit any office file to justify the inclusion of the case pro...... and paying rent, electric bills, WASA bills, gas bills, ground tax etc. and her name has also been recorded in the recent Khatian and no notice for surrendering possession was ever issued by the Government to late Mr Abdus Salam or his heirs or to the petitioner as required for inclusion of the..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....nd sentence accused Md. Sabuj only filed Criminal Appeal No. 491 of 1986. A Division Bench of the High Court Division allowed the appeal and set aside the aforesaid order of conviction and sentence holding that the accused could not be regarded as having absconded, because they were on bail and su......ned should submit to the due process of justice. We cannot conceive of a more flagrant violation of this condition that a case-like the present—where the individual seeks the interference of the Sovereign to obtain revision of a judicial order, when he is himself engaged in setting that judici..Category: Anti-Corruption Laws | Date: | Hits: 139
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....ay inspire confidence in the mind of the Court, but in the present case, there is no independent corroboration of evidence and as such the learned Judges of the High Court Division erred in law in holding that the accused-petitioners guilty for the offence charged and thereby came to an erroneou...... way to Dula Hazara Hospital, the deceased succumbed to his injuries in the channel. The informant alleged that the occurrence took place due to previous enmity between the deceased and the accused over land dispute. Accordingly, the F.I.R. was lodge on 25-08-1991 at 17.00 hours. 3. The po..Category: Criminal Law | Date: | Hits: 22
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....te of issuing of the said release letter and also stopped paying wages to the respondent No. 2 till 11-05-1988. The respondent No.1 further stated that the petitioner appointed an inquiry officer for holding inquiry against him and on the basis of said inquiry report, the petitioner imposed punishme......round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ..Category: Employment/Service Law | Date: | Hits: 87
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....te business, could purchase the suit land and observed that the plaintiff failed to prove his business from which he obtained money to purchase the suit land and accordingly dismissed the suit holding that the fact of previous separation of the brothers prior to purchase of the suit la......ndant Nos. 1-4 having dispossessed him from the suit land the plaintiff instituted Title Suit No.194 of 1958 in the Court of 2nd Munsif, Moulvibazar against them for declaration of title and for recovery of possession which was decreed on contest and the above defendant Nos.1-4 then preferred Tit..Category: Property Law | Date: | Hits: 23
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....nt amendment only some incidental and consequential matters can be regulated and a substantive right can not be taken away. 6. As it appears the High Court Division discharged the Rules holding that clause 5 of the Notification dated 26.06.04 clearly provided that on the expiry of the......o. 1082 of 2007) Alauddin.................Petitioner (In Civil Petition No. 1083 of 2007) Jalaluddin.............. Petitioner (In Civil Petition No. 1084 of 2007) Vs. Government of Bangladesh and others..............Respondents (In all the cases) Judgment ..Category: Others | Date: | Hits: 101
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
...., as amended by Ordinance 53 of 1985, and also the provisions of sub-sections (f) and (k) of section 8 sub-section (a) and (c) and (d) of sec-tion-9 of Ordinance 1977 discharged the Rule holding that neither the transfer of the line from P.D.B to the Board can be challenged on the grou...... which was heard analogously with many other writ petitions, discharging the Rule obtained challenging Memo No. PBSA/02-36/2004/677 dated 5.8.2000 issued by respondent No. 7 directing handing over of the electricity lines of Matbaria and Bhandari to Palli Biddut Samity. 2. The petiti..Category: Civil Law | Date: | Hits: 119
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
....gricultural Tenancy Act. 2. Facts in short, are that the pre-emptor sought to pre-empt the land transferred by the Heba-bil-Ewaz deed dated April 4, 1978 claiming to be the co-sharer of the holding by inheritance and by purchase and also claiming to be owner of the land contiguous to the ......ame to the Agricultural Bank in 1982, that Heba-bil-Ewaz deed dated April 4, 1978 was created to the very knowledge of the pre-emptor and others and the possession of the land gifted was made over to the pre-emptee, that pre-emptee is owning and possessing the land of plot No. 322 by ..Category: Property Law | Date: | Hits: 19
Dhaka Mercantile Co-operative Bank Ltd. Vs. Bangladesh Bank, Dhaka & others, 2006, 35 CLC (AD)
....est should not be declared to have been issued without any lawful authority. 3. The High Court Division upon hearing the learned Counsel for the parties rejected the writ petition summarily holding, inter alia, that under sections 44 and 45 read with section 3 of the Bangladesh Companies......d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ..Category: Banking Law | Date: | Hits: 292
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