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Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......erties including land and buildings situated on C. S. Plot Nos. 110, 112, 113 of C.S. Khatian No.24 described in the schedule 'A' of the plaint. Late Munshi Imamuddin Dewan had also 16th share in the amount of Tk. 11,728.18 which was collected on the basis of succession certificate. In view of the f......ing upon the plaintiffs. 3. The plaintiff’s case, in short, is that the property mentioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase by his own earned money and he constructed pucca building thereon. While Md. Sadeq was in possession of such land he..Category: Property Law | Date: | Hits: 33
.... High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 65.
......the petitioner's trucks loaded with the imported goods were about to leave the customs area, some officers of the Customs department seized the goods alleging that the writ petitioner has paid lesser amount of customs duty with false declaration and that the imported goods were not 'textile finishin...... High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 65.
..
Category: Fiscal/Taxation Law | Date: | Hits: 253
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......is not expected to keep his eyes shut when purchasing the commodity and in the instant case the price of ceiling far being around Tk.1000/-, the purchaser with capacity to purchase a fan against such amount is expected to be of average intelligence and therefore it is expected that any consumer purc......ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ..Category: Intellectual Property Law | Date: | Hits: 211
....y the PSI Agency, since PSI Agency renders service outside Bangladesh, that the submission made on behalf of the appellant to bring PSI Agency within the scope of VAT is mis-conceived and against the whole scheme of the VAT Act, that from the cumulative effect of Sections 4 and 6 of the VAT Act and ......ciple of law that a particular legislation giving unguided power to subordinate Agency to levy Tax is a bad legislation and not sustainable in law, that there is no guideline for the NBR to determine amount of VAT levyable on the service of the PSI Agency and that there is no notification by the NBR......the Second Schedule and "অন্যান্য সেবা" as in paragraph 7(ঘ) of the Second Schedule of the VAT Act, that as the PSI Agency renders service to the Government against public money the service falls within the scope of item (ঘ) of paragraph 7 heading "অন্যান..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......he defendant Bank in order to realise its outstanding loan from the plaintiff industry filed Artha Rin Adalat Suit No. 10 of 2006 now pending in the Court of Artha Rin Adalat, Barisal and the claimed amount of Bank is Taka 1,83,78,309 and the suit is otherwise ready for hearing but the plaintiff is ......onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ..Category: Others | Date: | Hits: 94
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ...... two crore and forty lac) in three cheques as bribe for the said work orders on 12 February 2005 and 21 April 2005 respectively. Out of the said sum of Taka 2,40,00,000 (taka two crore and forty lac) amounting Taka 1 crore and another cash cheque amounting Taka 40,00,000 (Taka forty lac only) was de......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......ve stage.—After the bills of entry were presented considerable time has elapsed. The prayer of the appellants made at this belated stage to allow them to determine normal value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of law and tried ...... made at this belated stage to allow them to determine normal value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of law and tried to extract money from the respondents by fixing "indicative value", is a foreign and unknown terminology. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... intended to be the Secretary of the Ministry of Law, Justice and Parliamentary Affairs, a post not belonging to the Legislative Drafting Wing or Law and Justice Wing, but of the Ministry of Law as a whole. The petitioner has overlooked or has intentionally tried to mislead the Court about the essen......rtments ought to have no partial agency in, or no control over, the acts of each other. His meaning, as his own words import, and still more conclusively as illustrated by the example in his eye, can amount to no more than this, that where the whole power of one department is exercised by the same h......l procedure.
19. Evidence and oath.
20. Will, intestacy and succession.
21. Trusts and trustees.
22. Arbitration and limitation.
23. Bankruptcy and insolvency.
24. Money-lending and moneylenders.
25. Legal profession and notaries.
26. Legal aid to the poor, defence of paupe..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26....... Judge on consideration of the application allowed the prayer of the opposite party No. 7 vide order No. 25 dated 4.6.2001 subject to deposit of the consideration money together with the compensation amount within 17.6.2001 and also ordered for modification of the suit register by including the na......d. 5. The learned Subordinate Judge on consideration of the application allowed the prayer of the opposite party No. 7 vide order No. 25 dated 4.6.2001 subject to deposit of the consideration money together with the compensation amount within 17.6.2001 and also ordered for modification of th..Category: Property Law | Date: | Hits: 63
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......ssed for non-prosecution and that suit was not withdrawn by the plaintiffs. As such, the provision of Order 23 Rule 1(3) is not applicable as the order of non-prosecution of the earlier suit does not amount to withdrawal. Hence the plaintiff is not precluded to file a fresh suit by making out a new ......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ......ourse of his business opened a letter of credit on 02.02.1999 through National Bank Limited, Khatoongonj Branch, Chittagong for importing of DRAGON BRAND CHINA ORIGIN white cigarette papers for an amount of US $ 36,160.00. On arrival of the consignment at Chittagong the petitioner submitted two ...... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......he rule absolute by the impugned judgment dated 19.4.2000 mainly on the ground that "Though the report is an adverse one, but the inspection team ultimately recommended for continuing the money payment order. Under section 17(b) of the Madrasa Education ordinance, it is the Madras..Category: Employment/Service Law | Date: | Hits: 146
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......tion of Artha Rin Suit No.73 of 2004 now pending in the Artha Rin Adalat, Cox's Bazar. The Artha Rin Suit has been filed by the respondent No.1, Sonali Bank, for realization of its outstanding loan amount of Tk.1,24,93,829.19/- being principle loan amount plus the accrued interest amount thereon......al justice and bad in the eye of law. 6. Considering the fact and circumstances of the case, we do not find any merit in the leave petition inasmuch as the bank is entitle to realize its due money and admittedly the defendant appellant, though enjoyed the loan but failed to repay the ..Category: Civil Law | Date: | Hits: 136
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......as disposed of on compromise. The superior landlord Niranjan Roy Chowdhury sold the jama in auction in Execution Case No.89 of 1950 of the third Court of Munsif. Achhiya Khatun deposited decreetal money and the sale was set aside on contest. Thereafter, Baru Bibi and Amena filed Rent Suit No.147..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......arwala. The defendant No.1 entered into an agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- was paid by him as earnest money. It was stipulated that the sale deed would be executed and registered in favour of the pl..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......hana Nirbahi Officer and this regard an enquiry was held and a reply was given by the authority concerned in favour of the petitioners. The authority concerned (Land) received lease money and huge amount of compensation money vide D.C.R. No.090451452 dated 22.11.2004 from year to year from the p...... apprehended to get the preferential relief in respect of lease hold of shrimp khas land as per principle of present Government, moreover the present petitioners are very weak both by men and money with the strength of respondent No.1 and in view of the facts and circumstances made abo..Category: Property Law | Date: | Hits: 88
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......e-Sridharpur, where the defendant No.2 resides, was about six mile away from the suit land. The D.W.3 was the scribe of the sale deed. He only proved the sale deed and payment of the consideration money. D.W.1 and 2 also could not state the plot and khatian numbers of the suit land. 16. T..Category: Property Law | Date: | Hits: 158
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ......etting aside the auction sale and for holding fresh auction of the mortgaged properties provided the petitioners pay the respondent No.3, the auction purchaser, interest at the rate of 12%, on the amount of money which the respondent No.3 deposited in the Court with effect from the date of depos......de the auction sale and for holding fresh auction of the mortgaged properties provided the petitioners pay the respondent No.3, the auction purchaser, interest at the rate of 12%, on the amount of money which the respondent No.3 deposited in the Court with effect from the date of deposit, and al..Category: Civil Law | Date: | Hits: 191
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ame of Balaram by registered deed dated 02.08.1974 from joint income of the plaintiff and Balaram. The plaintiff and Balaram use to carry joint business. The plaintiff also has equally share of the money deposited in the Bank by Balaram, thus the plaintiff and Balaram were the owner in 50% share ..Category: Property Law | Date: | Hits: 99
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......, and the accused persons paid on bill and the other remained unpaid and subsequently accused persons paid Tk. 50,00,000/- against the unpaid bill for Tk.1,18,00,000/- and thereby balance outstanding amount stood at Tk. 68,00,000/-, payable by the accused persons to the complainant petitioner. There......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..Category: Criminal Law | Date: | Hits: 163
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