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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. ...... Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......me under section 168(1) of the Customs Act as the goods are liable to be confiscated under section 156(9) of the Customs Act. The learned Attorney-General further submits that there is not an iota of evidence on record or any materials to show that the customs authority had ever adjudicated the matt..Category: Fiscal/Taxation Law | Date: | Hits: 83
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ...... forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......The aforesaid joint mutawallis contested the said application for their removal by filing a joint written objection on 15-9-1982 denying all material allegations. The Administrator of Waqfs on taking evidence adduced by both the parties, dismissed the application brought by this petitioner by his or..Category: Trust/Waqf Law | Date: | Hits: 189
....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
...... respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
......ka Football Team through any of the office bearers, the receipt of an amount on account of selling of goodwill of BJMC Football team by the petitioners is not proved and could not produce documentary evidence of receipt and payment such huge amount of sale of goodwill by the petitioners. It appears ..
Category: Employment/Service Law | Date: | Hits: 87
....ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......
St Francis Xavier’s Girls High School……………Opposite Party
Judgment
August 12, 1999.
Cases Referred To-
Darshatullah vs. Manik Mondal and others, 1984 BLD (AD) 234 and Safaruddin and others vs. Fazlul Huq and others, 49 DLR (AD) 151.
Lawyers Involved:
Not Represented ......injunction the only matter that is needed to be seen is whether the plaintiff who seeks a decree for permanent injunction can prove exclusive possession on the suit property by substantial and cogent evidence.
17. From the language used in Order 26, rule 9 of the Code it is manifested that a loca..
Category: Property Law | Date: | Hits: 68
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
....s as provided under law. The mere absence of printed form for recording the confessional statement of confessing accused, in our view, cannot make the confessional statement of the confessing accused inadmissible in evidence. Since the confessional statement Exhibit-4 was recorded after due complian......of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......ssional statements of the accused appellants is neither true nor voluntary inasmuch as the same is the product of physical torture. 6. The learned Sessions Judge thereafter in consideration of the evidence on record as well as facts and circumstances of the case, however, found the accused appell..Category: Criminal Law | Date: | Hits: 32
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...Category: Banking Law | Date: | Hits: 196
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......haka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......ave observed that: “Although section 38 of the Companies Act empowers the Company Court to rectify share register it is well settled that a suit is not barred thereby, especially when detailed evidence is to be taken to settle issue of fact.” 32. In other words, their Lordships in the Ap..Category: Company Law | Date: | Hits: 194
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......……..Opposite Parties Judgment March 3, 1999. Cases Referred to- Nibaran Chandra Ghosh and others vs. Pratap Chandra Chowdhury and others 44 CWN page 141; Janaki Nath More vs. Prabhasini Dasee ILR 43 Cal 178; AIR 1937 (All) 176, Bishan Dayal vs. Kesho Prasad; AIR 1937 (Patna) 324 Na......to agreements for sale with the defendant No. 15 by two registered sale deeds dated 7-9-83 and the defendant has been in possession and enjoying the land on payment of rent. 4. The parties adduced evidence to the best of their ability. The learned Assistant Judge upon considering the averments pu..Category: Property Law | Date: | Hits: 98
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......n Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510....... to the extent of 0.¾ decimals in dag No. 2021. In this way the learned SCC Judge decided the title in favour of the plaintiff in respect of the suit land. The learned Judge simply said that by oral evidence the plaintiff proved that the defendant has got no title in the suit property at all but he..Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......der as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......are released, because in that event the said defendant would be financially better off to pay such a decretal amount. He however, submitted that no such chance of success is apparent from prima facie evidence. 11. The plaintiff/appellant’s case, in short, is that insofar as the defendant No. 1 ..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......Alam (Md.)…………………………..………..Appellant Vs. Md. Shahidur Rahman and others…………..Respondents Judgment February 9, 2003. Cases Referred To- Md. Shafiuddin Chowdhury Vs. Md. Abdul Karim and others, 52 DLR (AD) 41; Sunil Krishna Banik and others Vs. Kail......e said mutation proceedings separating the old holding and two newly opened khatians as annexures A, A (1), B, B (1) and C, C(1) respectively and prayed for receiving the said documents as additional evidence regarding separation of the said jama. But the appellate High Court Division refused to rec..Category: Property Law | Date: | Hits: 53
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
.... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ...... the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ......n alias Chan Mia, Lutfor Rahman and recorded their statement. He visited twice the place of occurrence. He had no idea whether Joynab Begum lodged any case. 31. After conclusion of the prosecution evidence both the accused were examined under section 342 of the Code of Criminal Procedure, to whic..Category: Criminal Law | Date: | Hits: 44
Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)
....itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......st them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293....... aforesaid Judgment and order of conviction all of the accused preferred appeal before the learned Sessions Judge. And the learned Sessions Judge after hearing the parties and on consideration of the evidence on record allowed the appeal and set aside the Judgment and order passed by the trial Court..Category: Criminal Law | Date: | Hits: 51
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......Reported in: 54 DLR (2002) 606.......nt-petitioner and the said application was rejected by the trial Court and the defendant petitioner did not move the higher Court against the aforesaid order. However, the trial Court after recording evidence and hearing the parties vide its judgment and decree dated 30-4-1986 decreed the suit in pa..Category: Administrative Law | Date: | Hits: 210
Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)
.... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602......., as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602.......e not their employees but were temporarily appointed on the account of the borrowers and their service ceased with the adjustment of the borrowers loan account. The Labour Court after considering the evidence on record, the nature of works done by the petitioners and the submission made by the learn..Category: Labour and Industrial Law | Date: | Hits: 134
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196....... the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......templated under section 10(5) of the Ordinance. He then submits that in view of the impugned order passed by the Court of Settlement the petitioner has been deprived of adequate opportunity to adduce evidence and prove before the Court that the deed of sale in his favour was executed by aforesaid Sy..Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ....... Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......turn, restoration or transfer of the building by the Government or by any officer or authority subordinate to it to any person. (2) The lists published under sub-section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in t..Category: Property Law | Date: | Hits: 65
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013.......issions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013.......ge against the accused persons have been proved by cogent and probable witnesses. The learned Deputy Attorney General further submitted that the High Court Division erred in law in disbelieving the evidence of P.W.'s 2, 3 and 4 implicating the accused persons for some flimsy grounds not supported ..Category: Criminal Law | Date: | Hits: 46
Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......y, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......ow that those 3 persons had transferred their interest. The pre-emptee took objection specifically in the written objection as to non-joinder of necessary parties and the same is supported by the evidence but the pre-emptor did not take any step to cure the said defects in such circumstances. ..Category: Property Law | Date: | Hits: 39
Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)
....ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......ccordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......ne Indra Bhusan, the admitted original owner. But he was unable to produce the original deed and submitted only a certified copy of the same. This was not accepted by the Appellate Court as secondary evidence. 9. The High Court Division found that the defendant in Title Suit No. 301 of 1976, call..Category: Property Law | Date: | Hits: 46
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