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Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
.... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ......led to have the imported goods assessed on the basis of at least the normal value under amended section 25(1) of the Customs Act, 1969. 5. As it appears the High Court Division discharged the Rule holding that in Writ Petition No. 201 of 1996, out of which Civil Appeal No.102 of 1998 arose, simil..Category: Fiscal/Taxation Law | Date: | Hits: 64
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....he said decision reported in 27 DLR (AD) 114 (supra) Anyway, in the said decision, it has been held in paragraph 5. "5. The pre-emptor wanted to exercise his right of pre-emption in respect of the disputed land on the ground that he was a co-sharer tenant of the tenancy to which the said land app...... committed an illegality in converting the preemption case into one under section 24 of the Non Agricultural Tenancy Act. As I see it, the lower appellate Court did not commit any error of law in upholding the conversion. Consequently, the above submission of Mr. Garib Newaz stands negatived. 1..Category: Property Law | Date: | Hits: 39
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......ng the prayer for preemption. 2. Petitioners made an application under section 96 of the State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for preemption as owners holding land contiguous to the land transferred by the predecessor of opposite party No. 4(Ka) to 4(..Category: Property Law | Date: | Hits: 27
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......d to the Metropolitan Senior Tribunal, Dhaka which was recorded as Metropolitan Special Case No. 77 of 2002 and thereafter, the case was transferred to Metropolitan Special Tribunal No. 11, Dhaka for holding trial and the Tribunal was pleased to frame charge under section 19A and 19(f) of the Arms A..Category: Criminal Law | Date: | Hits: 27
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......ira[(Supra), the relevant date has been taken to be the date of occurrence which we believe, with respect, is the correct approach. On the other hand, there are many decisions, of our superior Courts holding the view that the relevant date is the date of framing charge or commencement of trial. In o..Category: Criminal Law | Date: | Hits: 167
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... 2, 5 and 6 were injured. PW 11 was the investigation officer. PW 12 examined the deceased and PW 5 and PW 13 held autopsy upon the dead body of the deceased. 33. The death of the deceased was not disputed and in view of the medical evidence as testified by PW 13, the deceased was done to death. ...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......ssional statement on 22-4-1997 disclosing his active involvement in the occurrence which is not only true and voluntary and also inculpatory in nature and, as such, the same alone may be a ground for holding the accused appellant guilty for the offence of throwing acid and hence the impugned judgmen..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......ed from there is no scope of interference, because the judgment of the trial Court delivered was perfect and was a product of proper adjudication. Therefore, the appeal is required to be dismissed by holding the same as not sustainable. 12. We have heard the learned Counsels for the appellant..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......n 5(2) of the Prevention of Corruption Act, 1947. 3. On the basis of the first information report the instant case was registered and DAB, Sylhet took up the charge for investigation and after holding investigation, the charge-sheet was submitted against the accused person under section 409 o..Category: Criminal Law | Date: | Hits: 31
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......urance Rules, 1958. By the said amendment, Rule 4(a) provided for paid up capital in respect of the insurance companies which read as follows: 4A. Paid-up capital of an insurance Company and share holding.- (1) 50% of the total paid up capital shall be contributed by the sponsors and the remainin..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......"Finally, an Election dispute relates to a right to office. The dispute is Civil in nature. Judicial officers who decide civil disputes have been empowered to decide Election dispute. Procedure for holding the trial of such disputes is the same as that of an ordinary Civil Court being constitute..Category: Election Law | Date: | Hits: 100
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......ed Advocate for the appellants that the occurrence took place on the night following 13.11.77 accused appellant Amir Hossain was arrested on 26.1.78 and he was taken twice to police remand before holding the T.I. Parade on 27.3.78. Mr. P.C. Guha the learned Advocate has drawn our attention to th..Category: Criminal Law | Date: | Hits: 51
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....ot examined as witness in this case. 20. Now, admittedly in this case there is no eye-witness to the actual occurrence. The death of the victim Babu Mollah on the alleged date of occurrence is not disputed. It appears that the conviction of the condemned-prisoner has been solely based upon his al...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....s been stated that the contract between the BSRS and the petitioners company dated 29.9.80 regulating the rights and obligations of the parties under the contract for supply of cargo coasters is an undisputed document which does not stipulate importation of new-engines as alleged in the petition of ......d that the petitioner did his best to save the project even by incurring loan from Rupali Bank as disclosed in the petition of complaint and the BSRS did its best to frustrate the project through withholding of further payment. It has been stated further that the contract provides for penalty by way..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......nd pendente lite interest at the rate of Tk.10% per annum, that defendant No.6 by letter Ext.2(f) dated 3.10.80 informed the plaintiff that defendant no 2 M/S. Ednasa Shipping Co. Ltd., Hong Kong was holding U.S. dollars 14,326.00 on defendant no. 1's account and that defendant No.5 Bangladesh Shipp..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......ons, if established, would call for a minor or a major penalty. Procedures for formal enquiry will be as laid down hereunder in Statutes 7, 8 and 9." 7. Statute 7 provides for the procedure for holding an enquiry when a delinquent employee is charged with an offence the maximum penalty for whi..Category: Criminal Law | Date: | Hits: 74
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....riginal kabala from the plaintiffs' custody and subsequently took various kabalas from defendant No. 1. The defendants had never any possession nor did they ever assert any act of possession upon the disputed homestead and tank and the plaintiffs have been in possession thereof for over the statutor......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26...Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....f his large family he applied for settlement of Government khas land to khas Mohal Department on 13.4.55 that he was found eligible for getting settlement of Government khas land and was allotted the disputed 5 acres of land on usual conditions for payment of premium and rents; that as the premium w......d 3.10.61 liable to be declared full and void? 5. What relief, if any, is the plaintiff entitled to? 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suit holding that the plaintiff had title in the land in dispute and the order dated 3.10.1961 cancelling..Category: Property Law | Date: | Hits: 36
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....ought to explain the happenings from 7.9.80 to 20.12.80 in their respective evidence. It is also on record that the plaintiff-respondents by examining one witness, O.P.W. 1 Kamaluddin, have seriously disputed the appellant's contentions regarding the happenings between 7.9.80 to 20.12.80. 8. It i......se on contest but without any order as to costs. 6. Mr. Khondker Mahbubuddin Ahmed learned Advocate for the defendant No. 26-appellani submits that the learned Subordinate Judge acted illegally in holding that a party who wishes to obtain the benefit of section 5 of the Limitation Act must always..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......ceeding merely by common parlance and not an ex parte proceeding at all in the eye of law, the provisions of Order 9, rule 7 are not attracted and, therefore, the decision of the Indian Supreme Court holding that there is no hiatus between the two stages of reservation of judgment and pronouncing th..Category: Civil Law | Date: | Hits: 83
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