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Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....ty and taxes because the bill of entry was delivered to the Customs on 20.2.1985. 6. Respondent filed Writ Petition No. 50 of 1985. At the hearing preliminary objection that the petitioner had alternative remedy of appeal was repelled. The contention of the Respondent herein had found favour ......dressed to the Collector of Customs requested him to clear the goods at the rate of 50% customs duty and 10% sales tax. 16.3.1985—Assistant Collector of Customs rejected respondent's prayer contending, inter alia, that the respondent will have to pay customs duty at the rate of ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......umentary evidence being there that the tenancy right of the appellant's predecessor was perfected under the Non-Agricultural Tenancy Act the suit for simple partition was not maintainable without a prayer for declaration of title to the suit land. The appellant has no prima facie title to the su..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
....s. Writ jurisdiction is not available in respect of election dispute except in exceptional circumstances such as coram non-judice or malice in law. In this case writ jurisdiction cannot be invoked as alternative remedy is available by way of election petition before the tribunal…………………...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......application before the High Court Division praying for direction upon the respondents to pay their arrear salaries and other benefits. The High Court Division by order dated 21.08.2005 allowed the prayer directing the writ respondent’s i.e. the petitioners herein to pay their salaries as p..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ...... the defendants and ad-interim injunction was also passed not to disturb the peaceful possession of the plaintiffs. Defendant No.1 appeared in the suit and filed written objection against the prayer for temporary injunction of the plaintiff on 15.02.2003 and the trial court after hearing th..Category: Property Law | Date: | Hits: 48
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......port with Lohagara Police Station stating, inter alia, that on 04.01.1995 the accused petitioner No.1 Md. Sirajul Islam and co-accused Abu Bakkar entered his hut while he was saying esha prayer and kicked him and told him that they were taking away his daughter Hasin..Category: Criminal Law | Date: | Hits: 42
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Government. In another suit, being Title Suit No. 88 of 1998 at the instance of the first party respondent Cyma Zarrar the second party petitioner Fazlul Kader Chowdhury and another were sued where prayer was made for declaration of her title to the suit property and also for declaration that th..Category: Procedural Law | Date: | Hits: 154
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ......which the accused appellant may find bail to its satisfaction." Thereafter the petitioner moved the Tribunal for bail on 07.07.2003 and the Tribunal by order dated 26.07.2003 rejected the prayer for bail. Against the aforesaid order the petitioner moved the High Court Division in Crimin..Category: Criminal Law | Date: | Hits: 41
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......1969 to give settlement of some other khas land to defendant No. 6. Aggrieved defendant No.6 challenged the said order in Title Suit No. 152 of 1969 in the Third Court of Munsif, Patuakhali with a prayer for permanent injunction against the plaintiff. The suit was dismissed on contest and the de..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......,000 (three lac) shares of Tk. 100.00 each total value at Tk. 300,00,000.00 (Taka three crore) on the erroneous view that since shares were not procured with the rest of the fund of Tk. 200,22,000.00 prayer for recovery of said funds could not be allowed in the present proceedings and as such the ..Category: Banking Law | Date: | Hits: 185
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......assed by the High Court Division in Criminal Revision No. 1185 of 2003 affirming those dated 2.4.2003 of the learned Additional Sessions Judge, Chittagong in S.T. Case No. 19 of 1990 rejecting the prayer of the accused-petitioner to issue summons upon doctor and production of medical register of..Category: Criminal Law | Date: | Hits: 51
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......Judge and decree the suit". 20. Fact of the aforesaid case is that landlord instituted the S.C.C. suit for eviction of the defendant from a shop room on the ground of his bonafide requirement. The prayer for ejectment was opposed by the tenant that the botained the possession of the premises in s..Category: Tenancy Law | Date: | Hits: 180
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......ned an order of stay for a period of 6 months. 6. After obtaining the order of stay from the High Court Division the respondent No. 3 filed an application before the respondent No.1 with the prayer for making necessary order in the light of the order of the High Court Division in Civil Rev..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......nd tidal surge of 1991 the appellant submitted a representation to the Joint Collector of Customs, Chittagong on 12-5-91 for ascertaining the resultant damage by a joint survey of experts. The prayer for joint survey was allowed and after the joint survey a report was submitted by the joint..Category: Fiscal/Taxation Law | Date: | Hits: 112
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....plaintiffs. The plaintiffs thereafter filed an application under Order VI, rule 17 of the Code of Civil Procedure for amendment of the plaint by incorporating a prayer for partition as an alternative to the prayer for eviction and also for addition of two persons as defendants. ...... Mustafizur Rahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for de..Category: Property Law | Date: | Hits: 39
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Section 151 A party cannot have recourse to the inherent jurisdiction of the Court under section 151 of the Code of Civil Procedure where an alternative remedy exists ……….(6) Case Referred to- Shahidur Ra......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......allenge the order of appointment of Tariqul Islam Khan as Mutwali of the Waqf Estate in writ petition but in course of the hearing of the writ petition he filed an application for amendment of the prayer made in the writ petition but no further Rule was issued and the petitioner as respondent No..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......18.11.2003 of the High Court Division passed in First Miscellaneous Appeal No.264 of 2003 allowing the appeal setting aside the judgments and order Nos. 2 and 3, both dated 13.11.2002, allowing the prayer of the plaintiff under Order 40 Rule 1 read with section 151 CPC appointing receiver and al..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......ending plaint after filing of the written statement by the defendants but the Courts below illegally held that those deeds as false having no basis. 8. It appears from the record that on the prayer of the plaintiff by order dated 05.04.1999 the trial Court directed the parties to maintain..Category: Property Law | Date: | Hits: 28
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......under compulsion where as F.I.R. was lodged on 28-8-1998 and charge-sheet was submitted on 24-10-1998. 4. Upon hearing the parties the learned Nari-O-Shishu Nirjatan Adalat rejected his bail prayers on a number of occasions and lastly on 19-9-2000 assigning reasons. Against the said order..Category: Criminal Law | Date: | Hits: 44
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