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Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......ded by Parliament each year by either the Finance Act or by any other law. The power to change the rate of duty is an exclusive power and preserve of the Parliament and this is an illustration of the principle that the power of taxation is that of the Parliament. This power under section 18 is not d......ion Bench of the High Court Division in Writ Petition Nos. 4336 and 4337 of 1996 discharging the Rules Nisi. 2. Both the writ petitioner-appellants opened two separate letters of credit on 26-8-96 for import of Soda Ash Light from China under HS Code No. 2836.20 at the rate of US $ 130 per metric......onal market price of the goods. 11. It is here that Dr. Kamal Hossain impugns the method, manner and procedure followed by the high-powered committee in enhancing tariff value. He submits that the determination of tariff value is based on the market price and for that market information is to be ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ...... orders of suspension and cancellation of the licence, dated respectively 15-9-93 and 26-2-94 (Annexure-“C” and “H” respectively to the writ petition) mainly on the ground of violation of the principle of natural justice in that there was no show cause at all in the first case and there was ......appellants. 2. The respondent’s case in the writ petition was that he carries on business of export of manpower to different countries as proprietor of Metropolitan International holding licence for the purpose issued by the Government under the provision of the Emigration Ordinance, 1982 (Ordi......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ...... Bank acts in terms of the policy guidelines settled by the Appellate Tribunal whose judgment has been confirmed by the Appellate Division in Atiqullah case. 11. As an exposition of a lofty principle, the argument is attractive but both the Tribunals below and this Division has the duty t......b Hossain, Advocate-on-Record -—For Respondent No. 1 (in all the Petitions) N H Khandker, Advocate-on-Record—For Respondent Nos. 2-6 (in all the Petitions). Civil Petition for Leave to Appeal Nos. 109. 136, 137 and 138 of 1996. (From the Judgment and order dated ...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..Category: Administrative Law | Date: | Hits: 159
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......als arise Out of a Certificate granted under section 66A (2) of the Income Tax Act, 1922 by a Division Bench of the High Court Division in Application Nos. 30 and 31 of 1989 in which the appellant formulated 5 questions of law for decision of the High Court Division under section 66(1) of the In......t entitle the petitioner to the benefit of the protection of its trading account under the instruction contained therein; iii) Whether the Tribunal was justified in law in upholding the determination of the trading profit by the Deputy Commissioner of Taxes as affirmed by the Appella..Category: Fiscal/Taxation Law | Date: | Hits: 120
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......romoted to the posts of Appraisers in the years in which the promotion quota was to be filled up because there is provision for both direct recruitment and recruitment by Promotion. The established principle is that the quota of promotion is to be filled up first and then the case of direct recr......ng the appeal and upholding the judgment and order dated 12-9-91 passed by the Administrative Tribunal, Dhaka in AT Case No. 77 of 1990. 2. The present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs C......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......A plaintiff is entitled to nominal damages for trespass; even if no damage or loss is caused; if damages or loss is caused, he is entitled to recover in respect of his loss according to general principles.” (Vol. 12, p. 460). 12. Secondly, the plaintiff may claim “real ......994 (From the Judgment and Order dated 26-1-94 passed by the High Court Division in First Appeal No. 215 of 1990) Judgment: Mustafa Kamal J: The only point for determination in this appeal by leave by the defendant-appellants is, it being accepted as a co...... (From the Judgment and Order dated 26-1-94 passed by the High Court Division in First Appeal No. 215 of 1990) Judgment: Mustafa Kamal J: The only point for determination in this appeal by leave by the defendant-appellants is, it being accepted as a conclu..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......ering with the findings of fact made by the Court of Settlement as if sitting on a over the same and, as such, the impugned judgment is liable to be set aside. (ii) An important question of principle involved in the case because of the manner in which the High Court Division exercised its......heir. Md. Nasim was a national and permanent resident of Bangladesh and he used to possess the disputed building. Md. Nasim contracted to sell the disputed building on 18-1-72 to respondent No. 1 for a consideration of Taka 8,000.00 and after receiving the entire consideration money sold the di...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..Category: Property Law | Date: | Hits: 89
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......uiyan, Additional Attorney-General and Shar Chaklader, Assistant Attorney-General with him), instructed by Mvi Md Wahidullah, Advocate-on -Record — For the Respondents. Civil Petition for Leave to Appeal No. 572 of 1997 (From the Judgment and Order dated 30-4-97 passed by the......of Sessions shall hold its sitting. Therefore, the power of the Government is pervasive over (1) the establishment of a Court of Sessions, (2) appointment of a Judge of a Court of Sessions and (3) determination of the place or places where the Court of Sessions shall hold its sitting. This is a ..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......rder and grievous hurt passed by a Division Bench of the High Court Division by the impugned judgment and order dated 13 August, 1995 in Criminal Appeal No. 258 of 1992, some important questions of principle relating to disposal of a criminal appeal have been raised on behalf of the State-appell...... in an appeal and further has laid down certain propositions which! are unknown and thus are likely to mislead the Subordinate Courts resulting in real miscarriage of justice. The learned Advocate for the respondent even though happy with the result of the appeal and supports the decision on mer......ten referred to the standard works of Taylor (Principles and Practice of Medical Jurisprudence) Lyon (Medical Jurisprudence for India) and Jaising P Modi (Medical Jurisprudence and Toxicology) for determination of medico-legal questions in a criminal case. 16. The first proviso to section ..Category: Criminal Law | Date: | Hits: 77
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......sued at the instance of the respondents.
3. The High Court Division by the impugned judgment and order dated 9 May 1994 observed that the impugned actions of the petitioners were violative of the principle of natural justice inasmuch as the respondents were not given any opportunity to show caus......hat it was done in pursuance of a decision dated 11-4-1993 of the Zilla Chora Chalan Domon Samannaya Committee. The respondents alleged that they were not given any prior notice nor they were heard before sealing their mills which was an arbitrary action. They made representation to the different au......igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
..
Category: Others | Date: | Hits: 128
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ...... other post. 6. Fixation of seniority, pay and pension.- The seniority pay and pension of surplus public servant shall, on his absorption in a post, be determined in accordance with the principles laid down by the Government from time to time”. 16. Previous to the promulgation ......ber 8th, 1996. Cases Referred to- Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) and AFM Badiur Rahman vs. Shamsuzzaman and ors. (Civil petition for Leave to Appeal No 255 of 1991). Lawyers Involved: Abdur Rab Choudhury, Advocate ......ion Assistant and inspector of Taxes being not of the same status, one entailing ministerial functions and the other executive the appellant is not entitled to count his previous service for determination of seniority. 5. Leave was granted to consider the appellant’s submissio..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......ing which we ourselves found above. 14. The learned Attorney-General in a bid to supplement the arguments of Mr. Huq, criticized the impugned judgment saying that it lacked proper adherence to the principles as are required to be followed in such matters and further a proper appreciation of the f......ructed by Sharifuddin Chaklader, Advocate-on Record—For the Petitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed b......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......ecree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.” 9. The principles underlying the distinction between a void document and a voidable document and their appl...... and the defendant was a monthly tenant under them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala b...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......vance of the appellants that the High Court Division committed an error of law in reassessing the evidence as to tender of the consideration on 28 Magh 1365 BS has litttle ground. The well settled principle of law that in the case of a contract for reconveyance time is the essence of contract is ......rise by leave was instituted in the First Court of Munsif, Chandpur by Md. Akramuddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcement of certain contracts for reconveyance relating to two pieces of land described in ......appeal is not the mere correction of error of a legal proposition or pointing of a true procedure but also to determine properly issues of fact after making the correct exposition of law, if such determination of essential for the disposal of the appeal. Subject to this narrow jurisdiction of ..Category: Property Law | Date: | Hits: 60
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......er for khas possession the suit was barred under section 42 of the Specific Relief Act. In arriving at his decision the learned Munsif considered the material evidence on record keeping in view the principles governing the determination of the question whether a transfer is a benami transaction ......ed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2...... suit was barred under section 42 of the Specific Relief Act. In arriving at his decision the learned Munsif considered the material evidence on record keeping in view the principles governing the determination of the question whether a transfer is a benami transaction or not. 7. The pla..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......der dated 15-2-86, affirmed by the judgment and orders dated 24-8-89 passed by the Additional District Judge, Kushtia in Tide Appeal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating,......court will no doubt consider the title of the plaintiffs to the suit land in some details more than in a suit for permanent injunction, but it cannot in either case convert itself into a court for determination of the respective titles of the parties if a serious dispute emerges from the pleadin..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......ice which might have been offered by a party who did not take part in the tender. He has submitted that the petitioner invoked the writ jurisdiction not on the basis of any accrued right but on the principle that in such matters the Government must not act arbitrarily and to satisfy the requireme...... Petitioner. Abdus Samad, Advocate, instructed by Md, Nawab Ali, Advocate on Record — For the Respondent No. 6. Not represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 p......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-secti......e language of the Court and shall be dated and signed by the Judge in open Court at the time of pronouncing it. (2) All judgment and orders which are appealable shall contain the point for determination, the decision thereon and the reason therefor. 16. Enforcing of decrees.—(1..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......e assumption was that with the abatement of the writ petition the cause of action of the appellant for the writ petition had also abated. This assumption, we must say, is not well-founded in law or principle. With the promulgation of Martial Law all proceedings arising out of and in connection wi......f CS Plot No. 570 under CS Khatian No. 228 of mouza south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by a registered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,000.00 and handed over possession of the said land to the appellant. On......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ...... provisions made thereunder and other laws including the Constitution it should be inferred that a recognised secondary school is a statutory body entrusted with the implementation of a fundamental principle of state policy of establishing a uniform, mass-oriented and universal system of educati......ice of the Chairman of Hoglapasha Union Parishad within Police Station Morrelgonj, District Bagerhat. It is inter alia, stated that the appellant and one Probir Kumar Halder contested the election for the office of Chairman of the said Union Parishad which took place on 6-2-1992 and the appellan......also referred to some other decisions which are not quite relevant for the purpose of determining the issue at hand. In the case of Anwarur Rahman vs. Election Tribunal 27 DLR 300. the question for determination was whether under clause (t) of article 9 of the Bangladesh Local Government (Union P..Category: Others | Date: | Hits: 85
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