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Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....ostafizur Rahman Vs. Government of Bangladesh and others, 51 DLR (AD) 40 and rectified the same in the light of the law laid down in the aforesaid case of Mizanur Rahman. 8. In the case in hand, the question of general exemption of customs duty under section 1 9 of the Customs Act is not...... M/s. Sumi Enterprise ..................Respondent Judgment August 5, 2008. Cases Referred To- Bangladesh Vs. Mizanur Rahman, 52 DLR (AD) 149, Mostafizur Rahman Vs. Government of Bangladesh and others, 51 DLR (AD) 40. Lawyers Involved: Mrs. Naima Haid......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....ale certificate in favour of auction purchaser petitioner on payment of outstanding amount of Tk. 2,99,50,000/- towards customs duties, VAT and other charges at the rate of 39.53% and also to hand over the vessel M.V. Vishva Kaumudi to them subject to destruction of the rice on board the sa......Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager………………Petitioner Vs. Government of Bangladesh Represented by the Secretary, Ministry of Food and others……........e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....ayed the opposite party No.1 would have destroyed the case shop and made necessary change to the shop before the dispute regarding possession of the land was resolved. 17. On the other hand it was submitted on behalf of the respondent-opposite party No. 1 that the petitioner wit......hop any further. But the impugned order of cancelling the order of appointment of receiver gave the respondent-opposite party No.1 an opportunity to cause further damages to the case shop. Moreover the learned Sessions Judge had directed the CMM, Chittagong to decide the matter of appointme......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....ral Tenancy Act against the petitioner and opposite party Nos. 21-22 praying for pre-emption of the land of kabala dated 30.03.1986 alleging that the suit property originally belonged to Chandra Kumar, Banomali, Ramchandra and Raimohan and it was recorded as such in the R.S. record. Rai......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....Public Works, Bangladesh Secretariat, Dhaka and others .......Respondents. (In both cases) Judgment July 7, 2008. Case Referred to- State of Haryana and others vs. Lal Chand and others, AIR 1984 Supreme Court 1326. Lawyers Involved: Mahbubey Alam, Senior ......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Solaiman and others…..............Petitioners (In both cases) Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Ba...... 2. The petitioners filed the above writ petitions stating that following the independence of Bangladesh, the Shilpa Bhaban situated at 91 Motijheel Commercial Area, Dhaka, was under the management and control of different bodies at different times and 19.10.1991, following a deci..Category: Civil Law | Date: | Hits: 84
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......he writ petitioner in the service. 2. The writ petition was filed impugning the order of removal dated July 24, 2002 as regards the writ petitioner who was an Officer on Special Duty in the management of the petitioner No.1. 3. It was the case of the writ petitioner that he joined..Category: Employment/Service Law | Date: | Hits: 408
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....ith documentary evidence but the respondents did not consider the said reply of the petitioner with a malafide intention to remove him from the offence of the Union Parishad Chairman. On the other hand, from the materials on record it appears that all the members did not voluntarily sign on atte......m the office of the Chairman of Surma Union Parishad. Thereafter, the Upazila Nirbahi Officer, Sunamgonj Sadar received the resolution and transmitted the same to the secretary, Ministry of Local Government, Rural Development and Co-operative vide Memo No. mybvg/m`i/BDGbI/GjwR/-129/04/1697 (2) ......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 32
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....iyan, learned Counsel appearing for the appellants, submitted that confiscation is a penalty and therefore the order of confiscation is hit by Article 35(1) of the Constitution. 16. On the other hand, Zahurul Islam Mukul, learned Deputy-Attorney-General, submitted that confiscation is not a pen......No. 8 of 2001). Mossammat Aftara Begum...........Respondent (In Criminal Appeal No. 9 of 2001). Sarwar Habib Sinha.......................Respondent (In Criminal Appeal No. 10 of 2001). Government of Bangladesh and others................................Appellants (In Civil Appeal No. 59...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....03 passed by the Magistrate, 1st Class, Tangail, in Case No.88 (4) 94 88(4)94/36(4)95 under Section 145 of the Code of Criminal Procedure directing the Officer-in-Charge, Nagarpur Police Station to hand over possession of the case land of the 1st party respondent and restraining the petition......ssed by the Magistrate, 1st Class, Tangail, in Case No.88 (4) 94 88(4)94/36(4)95 under Section 145 of the Code of Criminal Procedure directing the Officer-in-Charge, Nagarpur Police Station to hand over possession of the case land of the 1st party respondent and restraining the petitioners f......has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ..Category: Civil Law | Date: | Hits: 92
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....hat the case land originally belonged to A. M. Nasiruddin, son of A. M.A. Wadud, who sold out the same to one S.M. Sami Alam son of Late Moulovi S.M. Hossain by registered kabala dated 28-12-1965 and handed over the possession of the said property to him. S.M. Sami Alam constructed a tin-shed hous......58. ......llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ..Category: Tenancy Law | Date: | Hits: 155
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......um of Appeal with bank guarantee. 2. The facts of the case, in short, are that the petitioner filed Money Suit No.77 of 1994 in the Artha Rin Adalat against the respondents and others for recovery of Tk. 32,31,99,460.38. After contest the suit was decreed by judgment and order dated 26.04.......he decretal amount in preferring an appeal. The plaintiff-appellant, SIB impleaded the SABINCO and its Managing Director and categorically stated, inter alia, that the SABINCO assumed the management of the borrower, Tulip. But it is not the case of the plaintiff-appellant that the SABIN..Category: Banking Law | Date: | Hits: 96
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....lop for the purpose of setting up of their own industry. If the case land is acquired they will be thrown out on to the street. The writ respondent No.5, M/s. Molla Industrial Estate, on the other hand has 3.49 acres of land in the vicinity of the case land on the other side of Dhaka-Chittagong ...... Md. Joynul Abedin J Md. Abdul Matin J M/s. Molla industrial Estate……………Appellant (In Civil Appeal Nos.135-136 of 2000) Government of Bangladesh & others……Appellants (In Civil Appeal Nos.137-138 of 2000......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......Senior Assistant Judge, Dhaka in Title Suit No. 37 of 1999 decreeing the same. The trial Court by the decree declared the plaintiff would get benevolent fund and group insurance benefit under the Government and Autonomous Bodies Employees Benevolent Fund and Group Insurance Ordinance, 1982 (Ordi...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ..Category: Employment/Service Law | Date: | Hits: 82
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
....spondent No. 2 Jasimuddin Bulbul under section 302/34 of the Penal Code by the trial court when all the eye-witnesses consistently deposed that accused Jasimuddin Bulbul after taking the gun from the hand of his father shot at Kalu and Ashraf causing death of Kalu and injury to Ashraf Ali and the po...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ..Category: Criminal Law | Date: | Hits: 38
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....n J Md. Hassan Ameen J Sree Santash Kumar Sarker and another………………...... Petitioners Vs. Sree Shanker Chandra Mondal and others………………. .......Respondents ......he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ..Category: Property Law | Date: | Hits: 26
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....ent of Amirul Kabir Chowdhury J. giving majority view. Cases Referred To- Imambandi Begum vs. Kumleshwari Pershad (1886) 13 1A 160; Ram Narain vs. Md. Hadi (1898) 26 1A 38; Daulat Chandra Gope vs. Monowara Begum, 1996 BLD (AD) 251; Md. Ali Akhand vs. Shalan Nessa, 1998 BLD (AD) 5......rt Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is necessary for determining the real question of controversy between the parties, giving an opportunity to the plaintiff to substantiate his claim. (26 a...... it becomes of very little importance when the real purchaser tears off the mask to prove that the money required for the purchase of property came out of his own purse and the property was in the management of the plaintiff who was in possession and in the instant case also the plaintiff could ..Category: Procedural Law | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....y from the list of abandoned buildings holding that the Government did not submit any office file to justify the inclusion of the case property in the list of abandoned buildings and, on the other hand, the petitioner filed original lease agreement, death certificate of Abdus Salam issued by the...... and paying rent, electric bills, WASA bills, gas bills, ground tax etc. and her name has also been recorded in the recent Khatian and no notice for surrendering possession was ever issued by the Government to late Mr Abdus Salam or his heirs or to the petitioner as required for inclusion of the......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....nti-Corruption Commission and others……………Appellants Vs. Mahmud Hossain and others…………………………Respondents Judgment April 30, 2008. Cases Referred To- Chand Shah vs. Crown PLD 1956 FC 43 =8 DLR (FC) 24; Gul Hassan vs. State PLD 1969 SC 89 = 21 DLR (SC)......ned should submit to the due process of justice. We cannot conceive of a more flagrant violation of this condition that a case-like the present—where the individual seeks the interference of the Sovereign to obtain revision of a judicial order, when he is himself engaged in setting that judici...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......l of Tk. 150/- under the Dhakeshwari Cotton Mills Ltd. which was subjected to winding up process under the control and management of the Official Liquidator and ultimately the property vested in the Government and the liquidator has been taking steps to sell the suit property to B.T.M.C and in such ......employee of Dhakeshwari Cotton Mills Ltd. was a monthly tenant at a monthly rental of Tk. 150/- under the Dhakeshwari Cotton Mills Ltd. which was subjected to winding up process under the control and management of the Official Liquidator and ultimately the property vested in the Government and the l..Category: Tenancy Law | Date: | Hits: 148
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....of 2004, which was heard analogously with many other writ petitions, discharging the Rule obtained challenging Memo No. PBSA/02-36/2004/677 dated 5.8.2000 issued by respondent No. 7 directing handing over of the electricity lines of Matbaria and Bhandari to Palli Biddut Samity. 2. Th...... which was heard analogously with many other writ petitions, discharging the Rule obtained challenging Memo No. PBSA/02-36/2004/677 dated 5.8.2000 issued by respondent No. 7 directing handing over of the electricity lines of Matbaria and Bhandari to Palli Biddut Samity. 2. The petiti......irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ..Category: Civil Law | Date: | Hits: 119
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