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Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......eral ‑ For the Respondent No. 2 (In both the writ petitions). Writ Petition No. 2644 of 1990 with Writ Petition No. 346 of 1991. Judgment Qazi Shafiuddin J. - Common question of facts and law in WP No. 2644 of 1990 and WP No. 346 of 1991 being involved and the same are heard together and..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....at tender. After purchase of tender documents, a pre-bid meeting was held between the Chittagong Port Authority (hereinafter referred to as CPA) and the bidders. The bidders made some suggestions for amending relevant paragraphs and pages of the tender documents. Ananda Shipyard & Slipways Ltd......Miscellaneous Case before the learned District Judge, Chittagong for setting aside the award unsuccessfully filed the instant first Miscellaneous Appeal, thus the instant appeal is not sustainable in law. He submitted that learned Additional District Judge rightly refused to set aside the award as i..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......e is not to help any part to fill up the lacuna by recalling a witness…………………….(10) A Court must discharge its statutory functions whether discretionary or obligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure ..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......inal assessment. (4) No fee shall be payable for an appeal under this section." 4. It could not be contended by the learned Advocate that the constitution of the review committee is without any lawful authority or it acted in directing to impose customs duty on the basis of tariff value withou..Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......ar to contest the Rule. So, it is difficult to ascertain the truth or otherwise of the allegations made against the complainant regarding misuse of his official position. However, let us consider the law point raised by the learned Advocate for the Petitioners. It appears from paragraph 7 of petitio..Category: Criminal Law | Date: | Hits: 75
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......g Advocate for refiling the same with correct valuation of the suit. 3. Mr. AS Md. Ramzan Khan the learned Advocate appearing for the petitioners, submits that the learned Assistant Judge erred in law in returning the plaint to the plaintiff‑petitioners without recording any finding to the effe..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......to prove his right, title and possession in the suit land but without reversing those findings of facts the learned Judge of the Court of appeal below, decreed the suit, thereby committed an error of law, resulting in anenor in the decision occasioning failure of justice. Secondly, the learned Judge..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......his Matriculation Certificate of the year 1961, and the learned trial Court having considered all these papers and documents having decreed the suit, the learned appellate Court committed an error in law in allowing the appeal without considering at all this aspect of the case. No one appears to opp..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......owledge. So he is under obligation to explain know the deceased died. The explanation given by him that the deceased committed suicide by hanging has been proved false. Under the settled principle of law he explanation of death of the deceased given by the accused being proved false and there is no ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......der of the appellate Court, paid the impounded stamp duty of the Bainapatra. Contrary to such argument the plaintiff appellant-opposite-party contends that a series of decisions of this Court and the law itself provides that once a document is admitted into evidence, rightly or wrongly, the same can..Category: Procedural Law | Date: | Hits: 120
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......ouncil did not follow that clear text of Quran as quoted above first by us, "Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence", as against the law in the subject stated in Hedaya and by Baillie and quoted above by us on the reasoning that thei..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......nt is no judgment at all. 4. In the facts and circumstances stated above I am of opinion that the appeal should be sent back to the Court below for delivering a proper judgment in accordance with law. There is no need to issue a Rule in a case like this. Accordingly, this revisional application ..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ....... 4 Mr. Moudud Ahmed has stated in the affidavit-in-opposition to the supplementary affidavit filed by the petitioner that if the respondent No. 4 has ceased to be a member of the Parliament then the law will operate on its own motion and the Speaker and the Parliament Secretariat are the authoritie..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......ed in the year 1989 and charge sheet was submitted on 17‑3‑91, argued that the delay in lodging the FIR has made the Prosecution case shaky and doubtful and furthermore the mandatory provision of law as contemplated under section 5A of the Criminal Law Amendment Act, 1958 has been violated as th..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......8. Mr. M Shamsul Alam, the learned Advocate appearing for the plaintiff‑petitioner, strenuously argues that since the Additional Deputy Commissioner, (Revenue), Barisal neither appeared through any lawyer by filing vokalatnama nor contested the suit by filing any written statement, he was not comp..Category: Property Law | Date: | Hits: 84
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......record of any case which has been decided by any Court subordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law resulting in error in the decision occasioning failure of justice, the High Court Division may m..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......4040, 7081, 7963 and 8880 of 2007). Judgment ABM Khairul Haque CJ. - These appeals are all heard together and disposed of by a single judgment since those involved similar questions of fact and law. 2. These appeals involve the question as to whether the work-charged temporary employees o..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......fendants; hence this petition for Leave to Appeal to this Division. 9. Mr. Qumrul Islam Siddique, learned Counsel, appearing for the petitioner, has submitted that the High Court Division erred in law in passing the impugned judgment and decree inasmuch as it, being the last Court of fact, did no..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......e trial Court dismissed the suit on the point of limitation and as the lower appellate Court found that the Munsif committed some error in deciding the question of limitation it committed an error of law in dismissing the appeal on merit without sending the case on remand to the trial Court. Secondl..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312....... in that while reversing the finding of the trial Court as to whether Md. Wali had two wives or one wife it did not at all advert to the reasoning of the trial Court and as such committed an error of law. He further submitted that Exts. e and e(1) being deposition of the witnesses in a suit is publi..Category: Property Law | Date: | Hits: 103