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Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......2/1466-Cus dated 18.6.1992. 13. From the above, it is clear that due to change in price of goods in the different foreign markets at intervals the investigative findings are arrived out periodically keeping in view of the import market price of the goods. Since 1976 the Government is ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......ingly; defendants (appellants herein) predecessor Sudhir Chandra was known to the plaintiff-respondent and on his request he was allowed to reside a portion of the suit land; during liberation period said Sudhir Chandra left this country for India; Dil Mohammad transferred the suit land to h..Category: Property Law | Date: | Hits: 34
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......ent and order dated 20-8-1982. On his prayer, unexpired portion of the sentence of rigorous imprisonment was remitted on 26-4-1984. Thereafter, he was reinstated in service by the authority and the period of his absence was treated as extraordinary leave without pay. The appellant accordingly, su..Category: Administrative Law | Date: | Hits: 132
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....pedite the time for disposal of the civil suits and that in 39 DLR 11 the High Court Division held that after amendment of Order VIII, rule 1 of the Code of Civil Procedure after the expiry of the stipulated time for filing the written statement, the suit is to proceed for hearing without a writ......without a written statement and subsequently, in 45 DLR 638 a Single Bench of the High Court Division also took the view that filing of the written statement by the defendant within the prescribed period is a mandatory requirement of law and accordingly, the decision reported in 47 DLR 326 relyi..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......use (11)(a) of President's Order No. 16 of 1972 read together would reasonably mean that the mischief of this law shall not be applicable to such persons who were away from Bangladesh for a temporary period and not prejudicial to the interest of Bangladesh". 30. The High Court Division further co..Category: Business or Commercial Law | Date: | Hits: 114
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ...... an order or decision passed by the Administrative Tribunal but sub-section (2A) of said section 6 confers power upon the Administrative Appellate Tribunal to admit an appeal if preferred within a period of six months after the period of three months specified in sub-section (2) of section 6 and..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......rovides that in a money decree, the court may, in the decree, order interest to be paid on the principal sum adjudged pendente lite, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest from the date of the decree to th..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......f Khatian No. 127 of Mouza Misri, Laksham. The land originally belonged to one Badsha Mia, who by an Ijara kabuliyat dated 23 June 1926 leased it to Ram Prosad Muchi, a cobbler by profession, for a period of 5 years at a yearly rent of Tk. 4/-. Badsha Mia then exchanged his entire property includi..Category: Property Law | Date: | Hits: 38
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......of 1898), section 498 Bail matter After admission of appeal High Court Division having failed to grant bail appellant obtained leave and ad interim bail from the Appellate Division for a limited period with a direction to dispose of the appeal before the High Court Division within that period b..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....Description of Gen set Qty/ Unit Unit Price (Taka) Total Amount (Taka) The supply. Installation as per enclosed specification and stipulated terms and conditions in order to maintain uninterrupted water supply in Greater Dhaka......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......l co-owners retain rights over every inch of the land until the same is partitioned by metes and bounds but injunction can be given in appropriate cases where de facto partition for a recognisable period of time having been in existence through informal arrangement and thereby the land possessed..Category: Property Law | Date: | Hits: 33
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......ficate or other document lodged with the Customs authority. The section further provides (hat where there has been any under payment or erroneous refund of duty, the Customs Authority within a period of three years from the date of first assessment, or making of the refund, may recover the ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....e accused-appellants, submits that section 339C of the Code reflects the policy of the legislature in saving the accused from the harassment of a fresh trial on the self-same facts beyond a certain stipulated period. He submits that the accused-appellants, cannot be put to the jeopardy of a trial ......-appellants, submits that section 339C of the Code reflects the policy of the legislature in saving the accused from the harassment of a fresh trial on the self-same facts beyond a certain stipulated period. He submits that the accused-appellants, cannot be put to the jeopardy of a trial again and a..Category: Criminal Law | Date: | Hits: 46
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......t register is not permissible under the provision of Civil Rules and Orders, although the provision of Civil Rules and Orders provides for destruction of certain records of the suit after specified period. It has also been submitted by the learned Counsel that although plaintiffs claimed that the..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....e plaintiff filed the Other Suit No. 136 of 1996 averring that in terms of the compromise decree defendants, i.e. respondent Nos. 1 and 2, upon paying balance of the consideration money within the stipulated time failed to get the kabala registered and, consequent thereupon, the compromise ......formance of the contract for sale of the land in suit, that the said suit was decreed on compromise, that in terms of the compromise decree as the kabala could not be executed and registered, period of validity mentioned in the solehnama for getting the kabala executed and registered was ex..Category: Property Law | Date: | Hits: 94
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....ugs of jay son Pharmaceuticals ltd. He found that the respondent for financial benefit approved to lift additional 69,100 ampoules of pathedine and 15,500 ampoules of morphine injections beyond the stipulated quota through 120 transport passes in connivance with some officers and license hol...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......rmalities. It should be remembered that these two banks had already completed all formalities and obtained licensee but could not start banking business within the time allowed and time for a short period was allowed for commencement of banking business. The respondent on the other hand did ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......vernment had passed the impugned orders of retirement in exercise of powers under section 9(2) of the Act as the writ petitioners had completed 25 years of service under the Government tacking the period of their service with the defence services. 10. The Writ Bench of th..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......al/Yousufganj and Kaliganj secred negative. Any decision to proceed with major government initiated development at these locations are to be deferred until after the end of the DMDP Structure Plan period, up to 2015 [page 39-40 of Dhaka Metropolitan Development Plan (DMDP), Vol-I: Dhaka structur..Category: Property Law | Date: | Hits: 31
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......ived in Bangladesh. (2) Where any such instrument cannot, with reference to the description of stamp prescribed therefor, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the Governmen..Category: Property Law | Date: | Hits: 118
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