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Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....g the tariff value. 23. In the case of Mustafa Kamal Vs. The Commissioner of Customs reported in 52 DLR (AD) 1 this Court found that there was no relevant and reliable materials in the hands of the Committee in its meeting held on 21.8.1996 to show any justification for increas......ondents (In all the cases). Judgment August 8, 2005. Cases Referred To- Mustafa Kamal Vs. The Commissioner of Customs, 52 DLR (AD) 1; Phassco Hardware Company Vs. The Government of Pakistan, PLD 1989 Karachi 621; Collector of Customs, Kasmir Vs. M/s. the New Electron...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....ating 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 Engineering Corporation by notification dated 17-5-1972 up......dustries and another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD)......ffidavit-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 Engineering Corporation by notifi..Category: Business or Commercial Law | Date: | Hits: 114
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
...., 10 DLR 472; Delbaz Vs. Sarada Sundari Debya, 13 DLR 334; Abdullah and others Vs. Abdul Karim and others, 20 DLR (SC) 205; Ajufannessa Bibi Vs. Safar Mia 30 DLR (SC) 41. Lawyers Involved: MH. Khandkar, Senior Advocate, (AG Mohammad Ali, Advocate with him) instructed by Md. Aftab Hossain, ......of evidence, oral and documentary, and the attending circumstances, both the trial Court and the appellate Court came to a finding that Ram Prosad had surrendered the land whereupon the landlord took over its possession. This finding, based on due consideration of evidence, was beyond the scope of t......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 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....(1990) 285; 1990 BLD (AD) 194. ...... inflicting a bigger harm when the attempted smaller harm was diligently faced and contested. Mr. Rafique-ul Huq submits that suppression of the fact that a suit was pending between the parties over the self-same suit land is indicative of fraud on the part of the respondents and both the Co.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....t and to invite fresh bid and accordingly, the appellant withdrew the letter of intent and, there had been no arbitrariness or unlawfulness in the withdrawal of the letter of intent and, on the other hand, if the respondent No.1 was given the contract to supply the generators carrying those by sea, ...... Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiya, Sargodha Vs. Deputy Commissioner, Sargodha and Government of West Pakistan,18 DLR (SC) 517; Managing Director Dhaka WASA Vs. Superior Builders and E......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
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ...... Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment Au...... 6.2 Ground Water Act Ground water is a national resource and a suitable Ground Water Act should be enacted to control all activities regarding ground water, exploration, extraction and management. 11. From the contents of the draft of the "Proposed Arsenic Testing Gui..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: December 12, 2006. Case Refe......efore the Court of Settlement by making submissions that Sahera Khatun and her daughter Anwari Khatun during the war of liberation left the property in question without making any arrangement for its management and supervision and that after war of liberation their whereabouts were not known and tha..Category: Property Law | Date: | Hits: 37
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
..... 477 of 2005). Abdur Razzaq, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Petitioners. (In Civil Petition No. 478 of 2005). Rafique-ul-Huq and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Record&mda......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......p of (i) Meghna Vegetable Oil Industries Ltd., (ii) Baghdad Vegetable Oil Industries Ltd and (iii) Mercantile Shipping Lines Ltd. Subsequently, another agreement was signed on 3-11-2001 wherein the management of Sonali Bank and SABINCO were the parties and subsequently the applicants resigned fr..Category: Business or Commercial Law | Date: | Hits: 108
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....s Referred to- Ram Charan and others Vs. The State of UP, AIR 1968 (SC) 1270; Balak Ram and another Vs. State of UP, AIR 1974 (SC) 2165; Taleb Vs. State 19 DLR (SC) 135; Abdur Rashid Khondker Vs. Chandu Master and others 16 DLR (SC) 605; Charan Singh Vs. State of Haryana AIR 1971 (SC) 1554; State......e apparently very cordial and one of them, Abu Taher, addressed him as uncle (Mama). Zafar sat by their side; during the talk that followed, Abu Taher requested Zafar to abandon Abdul Bari and come over to his side but he stoutly refused whereupon appellant Akhtarul Huq caught Zafar by the throat ......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
.... to put an end to criminal prosecution once and for all after the expiry of the stipulated period. 5. Mr. Md. Awlad Ali, learned Counsel for the complainant-respondent No. 1, submits, on the other hand, that there is no bar in law in entertaining a fresh complaint because the legislature has not ......9C of the Code as a whole, he submits, appears to be the manifest intention of the legislature that the accused-appellants, once released, will not have to face trial on the self-same allegations over and over again. Section 339C, according to him, was designed to prevent recurrence of fresh com......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....oposed amendment is likely to facilitate the determination of the real questions in controversy. The main dispute in the suit appears to arise from the averments of the plaintiffs on the one hand that they had acquired right, title and interest in respect of the disputed land by vir......ying the allegation of settlement as pleaded in the plaint and stated, inter alia, that the suit land was vacant land in possession of the Bhawal Raj Estate, that it was acquired by the Government as excess khas land of Bhawal Raj Estate under the provision of the State Acquisition and......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....e unwarranted and uncalled for and as such the said observations are required to be expunged. 7. Mr. Farooq Ahmed, the learned Advocate papering for the respondent Nos. 1 and 2, on the other hand, contended that the respondent is a registered Private Limited Company of Ban...... (Criminal) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....s aspect committed an error of law in passing the impugned judgment which is liable to be set aside. 7. Mr. Mansur Habib, the learned Advocate appearing for the respondent No.2, on the other hand, contended that the High Court Division having applied judicial mind in consideration of ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......their services were regulated by Dock Workers (Regulation of Employment) Act 1980 and that the law was later replaced by the Dock Workers (Regulation of employment) Scheme 1983 and the Government accorded approval of the pay scale of grade-VI for those posts and that in the 30th meeti......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..Category: Employment/Service Law | Date: | Hits: 88
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....ssing the impugned judgment and order reversing those of the Subordinate Judge who readmitted and restored the appeal. 5. Mr. M.A. Samad, learned Senior Advocate on the other hand appearing for the respondent supports the impugned judgment and submits that there is no ......application under order 41 Rule 19. 4. Mr. A. J. Mohammad Ali, learned Attorney General appearing on behalf of the petitioners submits, inter-alia, that the suit property was acquired by the Government vide Gazette Notification dated 2.4.1956 and vested in the defendant No. 1 under section...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... 89 decimals of land of plot No.66 in mouza 'Choyghoria' and the said land is adjacent to the house of the defendant No.1, that is adjacent to the house of the defendant No.1, that for better management and enjoyment of the land own by the defendant No.1 and defendant Nos.2 and 3 they ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....ies 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 not complete formalities in order to be eligible to apply for license to the Bangladesh Ba...... ......ion have erred in law in giving the impugned direction to the appellant, and the last submission that the Bangladesh Bank is a Statutory Body which can sue and be sued in its own name and its management is vested in the Board of Directors and the Governor is an appointee of the Government a..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....servant at any time after he has completed twenty-five years of service without assigning any reason." 26. Regulation 11A (2) of the Regulations as amended up-to-date, on the other hand, reads as under: "The Corporation may, if it considers expedient so to do, r......ahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………….Appellant (In C.A. Nos. 30 & 32 of 1999) Government of Bangladesh and others ...................... Appellants (In C.A. Nos. 31 & 33 of 1......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. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....espondent has totally failed to discharge this responsibility and thus the High Court Division erred in discharging the rule. 15. Mr. A.J. Mohammad Ali, learned Attorney General on the other hand appearing on behalf of the respondents opposes the petitions. He refers to the notice iss......er referred to as the Ordinance alleging that the respondents without application of their mind as to the suitability of Parabarta and Borokaw Mouza for developing the satellite town and overlooking the master plan i.e. Dhaka Metropolitan Development Plan, in short, DMDP which forbids ......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. ..Category: Property Law | Date: | Hits: 31
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....es Referred to- Bengal Jute Mills Vs. Jecoraj Hiralal, AIR 1943 (Cal) 13; Wali Md. V. Iskak Ali (judgment by Acting CJ Sulaiman) AIR 1931 (All) 507 (SB); All India Reporter Limited, Bombay Vs. Ramchandra Dhondo Dater, AIR 1961 (Bom) 292; Ali Mohammad Vs. Jagannath Prasad, AIR 1928 (All) 66; The P......cts of the case." Md. Sirajul Huq has not claimed himself to be cither the Secretary, or a director or a principal officer of the plaintiff-Company and so his signature on the plaint is not covered by the provisions of Order XXIX rule 1. Companies, however, are not exclusively governed by......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. ..Category: Property Law | Date: | Hits: 118
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