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Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ...... her next-door neighbour, Istafa Hossain. But the latter somehow managed to get the house declared as an abandoned property. The Government without serving any notice and without complying with the provisions of President Order No. 16 of 1972 and the rules framed thereunder illegally took posses..Category: Property Law | Date: | Hits: 31
....d (2) of section 25".
11. And by the said Finance Act Government also inserted in the Customs Act, 1969 section 25B and 25C which are as follows:
"25B. Mandatory pre-shipment Inspection.- It is mandatory for the importers to have their importable goods inspected by a pre-shipment inspection ag...... 25A of the Customs Act, 1969 (inserted in the Customs Act by the Finance Act of 16 of 1999 upon repealing section 25A which was inserted by the Finance Act 11 of 1994) as well as in the light of the provisions of the Pre-shipment Inspection Order, 1999 invited tender for appointment of PSI Agency f..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......rders on the averments which are more or less similar. 4. The common contentions of the respondents in the above writ petitions were that the above circular and orders (a) are contrary to the provisions of Customs Act, (b) the impugned orders made by the Customs authority in different Nathie..Category: Fiscal/Taxation Law | Date: | Hits: 86
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
...... no Rules it has been so provided that the Additional Secretary of the Legislative Drafting Wing will not be eligible to be appointed to the post of Secretary of the Ministry of Law. According to the provisions of the সরকারের উপ-সচিব, যুগ্ন সচিব, আতি..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....pplicant with prayer for rateable preemption of the land within two months and is required to deposit the amount, as may be ordered for, within the period allowed by the court and such provision is mandatory inasmuch as this special provision of law provides special limitation and therefore the li......een discharged by the impugned judgment and order. Hence the leave petition. 7. We have perused the leave petition and heard the learned advocate, who, amongst others, submitted that under the provisions of section 148 of the Code of Civil Procedure the Court has ample power to extend the tim..Category: Property Law | Date: | Hits: 63
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......ot being an enemy property, erred in law holding that the Government under Act XLV 1974 acquired the authority to execute the deed of settlement. The High Court Division upon an erroneous view of the provisions of Section 52 of the transfer of Property Act wrongly held that the purchase of the appel..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......to set out herein below section 23 of the Foreign Exchange Regulation Act, 1947, which reads as under: "23. (1) whoever contravenes, attempts to contravene or abets the contravention of any of the provisions of this Act or of any rule, direction or order made thereunder, shall notwithstanding a..Category: Fiscal/Taxation Law | Date: | Hits: 75
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ......s of the petitioner to carry business as guaranteed by Article 22 of the constitution and as such, the impugned judgment is liable to be set aside. 4. It appears from the record that as per provisions of Section 30 of the Customs Act the importer is liable to pay the duty, tax and other c..Category: Fiscal/Taxation Law | Date: | Hits: 125
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ......ering at all the evidence, both oral and documentary, recorded in the judicial enquiry. The learned Advocate further submitted that the High Court Division misinterpreted and misconstrued the provisions of regulation 28 (wrongly mentioned in the impugned judgment as regulation 26) of the Go..Category: Criminal Law | Date: | Hits: 116
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
....in absentia completely without jurisdiction and the order of conviction and sentence against the accused Md. Akhlas Hossain was without jurisdiction and the High Court Division failed to notice the mandatory provision of law with regard to trail in absentia while refusing to condoned the delay. ......ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ..Category: Criminal Law | Date: | Hits: 126
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....ulting in an error in decision occasioning failure of justice and as such the impugned judgment and order is not tenable in the eye of law. He further submits that the plaintiff did not comply the mandatory provision of Section 152 of the Pourashava Ordinance, 1977 in filing the suit against the......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..Category: Procedural Law | Date: | Hits: 143
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....e order of suspension dated 15.03.2005 as in Annexure B to the writ petition clearly shows that the respondent was suspended for drawing disciplinary proceeding under the University Statute-8. It was mandatory provision in Regulation-8 of the said law that a formal charge be framed and the delinquen......legations are brought attaching stigma against the respondent, then there must be a fair and impartial hearing. The suspension was made malafide and arbitrarily would be attested by the fact that the provisions in Regulation 4 providing for impartial enquiry and reasonable opportunity was not afford..Category: Employment/Service Law | Date: | Hits: 118
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
....tion of her employment by the defendant No. 2 is illegal and not binding upon her and that she is entitled to reinstatement to her post. Subsequently the plaint was amended to include a prayer for mandatory injunction directing the defendants to pay her emolument. 3. Pursuant to such amend...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ..Category: Employment/Service Law | Date: | Hits: 104
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......97 and 498 of the Code of Criminal Procedure. The submission made by the learned Deputy Attorney General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Criminal Procedure, we thought it proper to resolve the question first before ..Category: Criminal Law | Date: | Hits: 101
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981.......d thus the case ought to have been held to be barred by law of limitation. He lastly submits that in any view of the matter considering the facts, attending circumstances, materials on record and the provisions of law the preemption case is liable to be dismissed. 7. We have heard the learned A..Category: Property Law | Date: | Hits: 61
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......rom the impugned order it appears that the learned Judge of the Artha Rin Adalat has rejected the prayer of the defendant for selling out the alleged pledged goods considering the facts and the provisions of law as discussed above and thus it acted within the bounds of law and as such the im..Category: Civil Law | Date: | Hits: 152
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ...... Artha Rin Adalat Ain had no power to entertain the application of the appellant invoking Section 57 of the Artha Rin Adalat Ain as such power under Section 57 is only available when the other provisions of the Ain are not exhaustive. In this case after the certificate issued under Section ..Category: Property Law | Date: | Hits: 106
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....t No.118 of 1989 which was renumbered as other Class Suit No. 53 of 1991 in the Court of the learned Assistant Judge, Additional Court, Jamalpur against the present opposite party as defendant for mandatory injunction requiring the present respondent to break his house and take it back by 3......and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ..Category: Property Law | Date: | Hits: 87
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......ms Act, 1969 to deal with the import and export of goods into and from Bangladesh. Their authority to deal with offences and penalties is provided in the Table below section 156 of the Act. Elaborate provisions regulating the procedure relating to investigation of the offences are also provided in t..Category: Fiscal/Taxation Law | Date: | Hits: 129
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......e the execution case is liable to be dismissed. 5. The High Court Division on consideration of the submissions made by the learned advocate as well as the materials on record/ the provisions of law, the decree passed by the Artha Rin Adalat and the impugned order passed by the e..Category: Civil Law | Date: | Hits: 99
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