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Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Loyal Shipping Ltd. ........................Appellant Vs. Castrol UK Ltd. and others ...............Respondents Judgment December 12, 2006. The Code o......h it is by now well settled that the defendant has both the right of set off as a defence and counter-claim as an attack which will be treated as a cross suit provided the counter-claim is stamped properly. 4. In the case of Laxmidas vs Nanabhai, AIR 1964 SC 11, the Indian Supreme Court..Category: Civil Law | Date: | Hits: 111
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....am J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir Md. Helaluddin and another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another......s way their total savings stood at Taka 24,39,28,637 which is disproportionate to his legal and known source of income. The respondents is beneficiary of the wealth of his father acquired through improper means and just after the arrest of his father Mir Md. Nasiruddin, he transferred total amou..Category: Anti-Corruption Laws | Date: | Hits: 219
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....t Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: ...... so purchased from Abdul Hamid to the plaintiff on May 12, 1978 and since then plaintiff is in possession of the land in suit, that defendant Nos. 1-9 tried to purchase the land without paying the proper price but having failed to purchase the land in suit the defendant Nos. 1-4 out of vengeance..Category: Property Law | Date: | Hits: 42
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Mahfuzul Hoque, Golam Mostafa, Abul Kalam, Abdul Matin, Md. Shahid, Ujjal Chowdhury, A. Rahman, M/s. Hasan and Company, M/s. Asgar Oil Mills Ltd. M/s. F. Rahman Oil Mills Ltd., M/s. Universal Trading, Rahi...... 11. Usually invoice value is the basis of assessment of custom duty but in order to prevent under-invoicing and over-invoicing by the importer or exporter either in a bid of avoid payment of proper duty or smuggle out foreign exchange, section 25(7) has been introduced providing power vest..Category: Fiscal/Taxation Law | Date: | Hits: 107
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....petition is dismissed. Ed. ......or the petitioner could not point out any such misreading/non-reading of evidence or non-consideration of evidence/ materials on record. 8. We are of the view that the High Court Division on proper consideration of materials on record arrived at a correct decision and there is no cogent re..Category: Property Law | Date: | Hits: 34
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....ed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangladesh and others..................Respondents Judgment August 9, 2006. Cases Referr......anj were also returned without payment. 8. The Administrative Tribunal allowed the appeal in part allowing his salary for the period he actually served after reinstatement in service by the proper authority but dismissed his prayer for arrear salary. The Administrative Appellate Tribunal ..Category: Administrative Law | Date: | Hits: 132
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
.... Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Khan Md. Firoj Kabir...................................Appellant Vs. Rupali Bank Ltd. and others... ...................Respondents Judgment March 12, 2006. Cases R......nt and that in a large majority of cases the trial Courts invariably fix cases for ex parte hearing if the defendant fails to file written statement and such fixing for ex parte hearing is not proper because a case can be fixed for ex parte hearing only under Order IX, rule 6 and Order VIII,..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....sion Judgment in Review Petition Here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Industries and a......writ respondent filed affidavit-in-opposition stating that after independence of Bangladesh the industrial unit in question was vested in the Management Board by notification dated 26-12-1971 for its proper maintenance and management. Later it was handed over to the Bangladesh Steel and Engineerin..Category: Business or Commercial Law | Date: | Hits: 114
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
.... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Managing Director, WASA.............................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 1......f the contract; the High Court Division fell in error in not considering that the writ petition is not maintainable, inasmuch as even if there is a concluded contract for alleged breach of the same proper remedy lay in a suit and not in a writ petition; the High Court Division also fell in error i..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....zul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2......ndent Nos.4 and 5; the respondent Nos.1, 2 and also Dr. Deepak Bahcherya, the respondent No. 6, who is the Chief, WES section of UNICEF, in spite of numerous warnings given by experts did not take proper steps although the respondent No.1 certified a list of 59 districts showing that not less th..Category: Environmental Law | Date: | Hits: 255
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....min CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: ......r can be easily identified and in the instant case, the Courts below having found that the respective lands of the plaintiffs and the defendants are divided by the Meghna Dhanagoda Barrage it was a proper case where decree for injunction could be granted and further the defendants did not agitat..Category: Property Law | Date: | Hits: 33
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for...... then the Appellate Division does not like to interfere. When it is found that the established principles of assessment of evidence have not been followed and it has been accepted as reliable without proper scrutiny and no consideration has been given to inherent absurdities or improbabilities of th..Category: Criminal Law | Date: | Hits: 74
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1977 Lawyers......tion stating that those papers having been admitted in evidence without due consideration to the objection raised by the learned Advocate on their behalf, it shows that the appellant would not get proper justice from the Tribunal and accordingly he prayed for stay of the proceeding by the Tribun..Category: Election Law | Date: | Hits: 122
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other…………………..........Respondents Judgm......ustry and manufacturer of poly propylene cover bag used in readymade garments factory and poly propylene is a prime raw material of the said industry and the respondent imported the said goods properly and legally for industrial consumption and as such the imported goods being a banned ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
.... Supreme Court Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Amirul Islam and others………………………......Petitioners ......No.06 dated 09-08-2003 corresponding to G.R. Case No. 119 of 2003 under Section 120 B/302/34 of the Penal Code was started against the accused persons. Thereafter one Sub-Inspector of Police made a proper investigation of the case and thereafter found prima-faice case made out submitted..Category: Criminal Law | Date: | Hits: 41
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Abdur Rob Mollah ............................Appellant Vs Shahabuddin Ahmed and others ..........Respondent Judgment October 19, 2006. Cases Referred To-......llustration Act and provision of Section 27 of the General Clauses Act in the background of the facts and circumstances of the case in holding that notice sent by registered post was duly and properly served on the appellant although the learned Additional District Judge on scrutiny of the ..Category: Trust/Waqf Law | Date: | Hits: 266
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Criminal Appeal No.34 of 2000 (From the judgment and order dated 14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998) ......nce in the argument of learned Deputy Attorney General and we, therefore, hold that the High Court Division having not taken into consideration of the facts and law legally decided the case without proper appreciation of the High Court Division committed serious error of law in setting aside..Category: Criminal Law | Date: | Hits: 90
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
...., instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ......application and made the Rule absolute. 11. We have already found that Annexure-Q-1 is a note of the note sheet at serial No.140 written by a subordinate officer to be placed before the proper authority for approval. The Note Sheet shows that this note was not ultimately approved..Category: Banking Law | Date: | Hits: 124
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....d without costs. Ed. ......ng the material allegations made in the plaint and stating, inter alia, that Zeon Bibi while owning and possessing the land her son Awlad Hossain died and as such Awlad Hossain did not inherit any property from Zeon Bibi and consequent thereupon Awlad Hossain's son Taleb Hossain and Monir Hossai..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....rted in: 42 DLR (AD) (1990) 244. ......n the plaint then this is a matter of evidence. It is absolutely premature to hold at this stage that the plaint was not signed by a duly authorized person………(11 & 15) If a plaint is not properly signed or verified or presented the Court has always got the discretion to allow the plaint..Category: Property Law | Date: | Hits: 118
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