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Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)

....and, as such, the same amounts to an exercise of unguided power which is illegal inasmuch as there being no guide-line for fixing tariff value in section 25 and the Government has utilised the wide scope for fixing tariff value without regard to the local and international market rate of the imp......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..

Category: Business or Commercial Law | Date: | Hits: 99

Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)

....eged to have been wrongly decided in the majority judgments.   7. Leave was granted to consider whether in the majority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grounds of detention have been ......the Special Powers Act. He has, however, suffered conviction and sentence in several criminal cases. Some convictions have been appealed against, some cases are still pending and presently he is on bail. This appeal has, therefore, no bearing on the release of the erstwhile detenu but seeks to s..

Category: Constitutional Law | Date: | Hits: 191

Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)

.... force on 7-11-85 The petitioner on the basis of the Notification was allowed to continue in the up-graded post till the framing of the Recruitment  Rules on 5-9-90 and, as such, there was no scope of consultation with the Public Service Commission. The Administrative Tribunal wrongly held ...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ..

Category: Administrative Law | Date: | Hits: 125

ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)

....right up to 257th Board Meeting of the Bank held on 1st July, 1999, no proposal for nomination of any director has been received by the Directors” and further stating that” there is no scope for putting up a candidate for the directorship at the time just before the meeting.” B......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..

Category: Business or Commercial Law | Date: | Hits: 107

Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)

....es, 1983 and the principle laid down in Md. Abdul Mannan and others vs. Hasan Mahmud Khandaker 16 BLD (AD) 147 = 1 BLC (AD) 44. They also alleged that their vested right in respect of seniority and scope for promotion had been adversely affected thereby. They alleged further the impugned order w...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..

Category: Constitutional Law | Date: | Hits: 151

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....w making plenary power of the Parliament. But Article 115, by using the word “appointments” and Article 152(2), by making the General Clauses Act, 1897 applicable to the Constitution, widened the scope of rule-making power of the President under Article 115 so as to include rule-making power of ......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..

Category: Constitutional Law | Date: | Hits: 829

Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

....ned to the custody of the parents from where she was abducted. 17. From the First Information Report and the charge sheet it is found that the victim girl is alleged to be a minor. The horoscope and the certificates from the school produced before us corroborate the fact of her minority ......ts of the parties and on consideration of the materials on record allowed the victim in the Jimma of the father of respondent No. 1 by order dated 27-11-97. 6. The accused-respondent is on bail granted by the High Court Division. 7. The father of the victim girl filed an applica..

Category: Criminal Law | Date: | Hits: 48

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......ch expiry; (c) the accused in a case the trial of which is deemed to be continuing at the date of commencement of this Act under clause (a) shall, if in custody, be released on bail to the satisfaction of the court unless for reasons to be recorded in writing the court othe..

Category: Criminal Law | Date: | Hits: 59

Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)

....it was that the defendant was not aware of the order. The appellate Court, however, refused to accept the deposit holding that the order for deposit was passed in the open court and so there was no scope for extension of time. 4. In revision, Civil Revision No. 3453 of 1996 at the instan......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ..

Category: Property Law | Date: | Hits: 59

Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)

....titiousness in the imposition of tariff value at an unreasonably higher figure. There is no guideline for fixing tariff value in section 25 of the Customs Act and the Government has utilised the wide scope for fixing tariff value without regard to the local and international market rate of the impor...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..

Category: Business or Commercial Law | Date: | Hits: 165

Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)

....Act and therefore it had no retrospective effect. The Deputy Commissioner of Taxes did not have the Circular for his consideration at the stage of assessment and at the appellate stage there was no scope for admitting fresh materials in the disposal of the appeals, because there is no provision ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs.   Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)

.... Board of Revenue against the Gradation list showing them as juniors to the direct recruits and the appeal having been rejected they filed the AT Case. 3. The respondents contended that the scope for promotion created by the order dated 21-6-77 was operative for only 6 months and it laps......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..

Category: Administrative Law | Date: | Hits: 160

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... the result, this appeal is allowed. The case is sent on remand to the High Court Division for fresh disposal of the appeal by a different Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also rep..

Category: Criminal Law | Date: | Hits: 77

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....y of Establishment, all the three agreed that the appellant will count his seniority in his present service from 22-11-76 i.e the date he joined the post of Inspector of Taxes and that there is no scope of counting his previous service for seniority. The appellant came to know of the said decisi......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..

Category: Administrative Law | Date: | Hits: 140

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......seeking leave to appeal from judgment and order dated 23 March, 1997 passed by a Division Bench of the High Court Division in Criminal Misc. Case No. 552 of 1997 making the Rule absolute and granting bail to the accused respondent, Mrs. Jobaida Rashid, pending disposal of Sessions Case No. 319 of 19..

Category: Criminal Law | Date: | Hits: 115

Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)

.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......S Case No.20 dated 19-9-91 was started on the FIR against the appellant and Anwarullah. The police after investigation submitted charge-sheet against both of them on 3-12-91. The appellant obtained bail from the Thana Magistrate, Begumganj. The case was then sent to the Court of Senior Special T..

Category: Criminal Law | Date: | Hits: 98

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ...... 31-1-95 and that in the other three criminal cases mentioned in the grounds of detention the name of the detenu does not appear in the FIR and that in those criminal cases the detenu had obtained bail from the Court of the Chief Metropolitan Magistrate, Dhaka—facts which could not be brou..

Category: Criminal Law | Date: | Hits: 99

Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)

..... 11. A similar approach was taken in Daibakilal Basak vs. Iqbal Ahmed Quaraishi and another, 17 DLR 119 where a Full Bench of three Judges of the Dhaka High Court had the occasion to consider the scope of section 39. While answering the questions referred to the said Bench Hasan, J observed- ...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..

Category: Tenancy Law | Date: | Hits: 88

Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)

....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......udge was not satisfied with the reasonings shown by the appellant for the delay of 28 days.  7. It transpires from the order of the trial Magistrate dated 26-5-92 that at the time of granting bail to the appellant for filing appeal against the order of conviction he has noticed that the accu..

Category: Criminal Law | Date: | Hits: 78

Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)

....rse of the execution proceeding he cannot but make it before the family Court which passed the decree (the executing Court being the same). In view of the provisions of sub-section (4) there is no scope for raising the question as to the competence of the Court allowing instalments under sub-sec...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..

Category: Family Law | Date: | Hits: 144