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Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....ruck down the SRO notification and the order for assessment on the basis of such notification on the ground that the tariff value was not based on any objective information obtained from reliable and relevant materials. 9. Section 25 of the Customs Act provides: "Whenever Customs duty is levia......irecting to assess the customs duty by adjustment at 1.4508 of the Invoice value. 2. Short facts for disposal of the Rule are that, the petitioner imported 10,400 reams of "Dragon Brand" cigarette papers at the rate of US $ 5.65 per ream i.e. US $ 1,325 per metric ton C&F Chittagong by openin......al Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Salim (Md)……………………………………………………..Petitioner Vs. Commissioner of Customs and others ………….Respondents Judgment July 7, 2003. Case Referred to- Mustafa Kam......oice and bill of lading dated 8‑1‑1998 and 10‑12‑1998 respectively. After arrival of the goods, a clearing agent on behalf of the petitioner submitted bills of entry along with other shipping documents for release of the goods on payment of customs duty, etc on the basis of invoice value of ..Category: Fiscal/Taxation Law | Date: | Hits: 78
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....ent cannot relate to notification No.33 as argued which was already repealed. 13. In such view of the matter the question whether notification dated 4th of June, 1998 is retrospective or; not is irrelevant inasmuch as even if it is retrospective it cannot be applicable to a dead law which is noti...... in all the petitions. 8. Heard Mr. A. F. Hassan Arif, learned Counsel appearing for the appellant and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. Mr. A. F. Hassan Arif, learned Counsel submits that the appellant filed an appl......009. Lawyers Involved: A. F. Hassan Arif, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant (In all cases) Mrs. Naima Haider, Deputy Attorney General and Mrs. Nahida Yesmin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122...Category: Fiscal/Taxation Law | Date: | Hits: 86
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......tioned civil petition for leave to appeal has been filed. 10. Heard the learned Advocate-on-Record and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. Since the petitioner failed to deposit the 75% of the balance auction money...... Md. Abdul Matin J Md. Abdul Aziz J Haji Md. Shamsul Haque.........................Petitioner Vs. Pubali Bank Limited, Tongi Branch, represented by its Manager, Tongi, District-Gazipur and others...................................Respondents. Judgment March 22, 2009. Lawyers ......tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75...Category: Others | Date: | Hits: 109
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
.... since the dismissal order passed by the School could not be approved as the allegations brought against the Head Master were not proved before the Arbitration authority of the Board. 3. The facts relevant in the instant case are that the Shaistabad Moazzem Hossaih High School was established in ......aging Committee of the School. Apart from that there is no material to show that prior to challenging the impugned memo the managing committee of the School required the Board to supply them with the papers or information in refusing to approve the school's resolution dismissing the Head Master, and......n J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariate, Ramna, Dhaka and others.................Respondents Judgment March 23, 2009. Lawyers Involved: Md. Na......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......ion Vs. KK Kar, AIR 1974 SC 158 and Ms Bindra Builders Vs. Delhi Development Authority AIR 1985 Delhi 370. 8. We have perused the revision application along with the contract, the plaint and other papers relied upon by the learned Advocate. The contract dated 29‑9‑1998 as entered into by the ......ivision (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Bangladesh Jute Mills Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment April 8, 2002. Resu......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
....llness, his friend Mr. Sadananda Rana, learned Advocate, sought permission to move on his behalf and I accordingly, allowed him to make submissions of behalf of the petitioners. 3. The brief facts relevant for the purpose of disposal of the instant Rule are that the predecessor of the petitioners...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....d the case and submitted charge‑sheet against accused Shamsul Alam and Abdur Razzak under sections 395/397 of the Penal Code. 21. PW10 Abdul Gofur was Deputy Jailor of Chittagong jail during the relevant time. He deposed that oil 6‑4‑1994 a TI parade was held under his direction where the a......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......his Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....cked them and while they wanted to flee away they were obstructed and then the fatal assault took place as a result of which the victim i.e. the father of the informant, succumbed. He then placed the relevant portion of the impugned order of discharge wherein the learned Judge observed ".................er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......J Abdur Rahman Kha (Md).........Petitioner Vs. State...................................Opposite Party Judgment January 19, 2002. Cases Referred to- Kanhaiya Vs. Kashi Nath Tewari and others, 1979 Criminal Law Journal 409 (Allahabad); Thakur Ram and others Vs. State of Bihar, 196......ল।" The learned Advocate for the petitioner then submits that under section 265C of the Code of Criminal Procedure the mandatory duty of the trial Court is to consider the record of the case and documents submitted therewith and then after hearing the parties if he considers that there is no su..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....y was detected by SI Sirajul Islam. The accused petitioner get the truck registered from BRTA Rangamati by creating forged papers and documents without producing the truck before the Inspector at the relevant time. The accused petitioner and others created forged papers o the truck or the purpose of......ssession of the accused petitioner and at the time of seizure of the truck it was not registered and there was no number plate. The accused petitioner along with others in the meantime created forged papers/documents of the truck which on scrutiny was detected by SI Sirajul Islam. The accused petiti....... Ashfaqul Islam J Mohammad Syed………………………………………………………………………….....Accused-Petitioner Vs. State, represented by the Deputy Commissioner and another…..Opposite-Party Judgment February 17, 2004. Lawyers Involved: Md. Khurshi......n of the accused petitioner and at the time of seizure of the truck it was not registered and there was no number plate. The accused petitioner along with others in the meantime created forged papers/documents of the truck which on scrutiny was detected by SI Sirajul Islam. The accused petitioner ge..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
.... the opposite party No.1 from the charge under section 6(5) of the Muslim Family Laws Ordinance 1961, shall not be set aside or any other order passed as this court may seem fit and proper. 2. The relevant facts are that, the complainant‑petitioner Rezia Khatun, being wife of the opposite party......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......ondker Musa Khaled J.- This Rule, arising out of an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the judgment and order dated 30‑11‑2000 passed by the learned Sessions Judge, Mymensingh in Criminal Appeal N......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....t had been dilatory in the prosecution of the case or not. In this connection the decision reported in 52 DLR 394in the case of Nabiran Bibi Vs. Md Panna Miah and otherswhere one of us was a party is relevant. In this case My Lord Mr. Justice Hasan Ameen elaborated the application of section 247of t......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J GM Morshed..............................Petitioner Vs. City Bank Ltd. and others...........Opposite Parties Judgment January 19, 2004. Result: The Rule is dis......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..Category: Banking Law | Date: | Hits: 237
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....hree conditions are satisfied. First of all, the entry that is relied on must be one in any public or other official book, register or record, secondly, it must be an entry stating a fact in issue or relevant fact, and thirdly, it must be made by a public servant in discharge of his official duty or......as been missing since 23rd February, about one and a half to two years ago. Akimul has served as telephone operator in Lokpur Fish Company. His whereabouts cannot be traced out. He heard from the newspapers published on 29‑9‑99 that Ershad Sikder killed a boy of Jhenaidah, by breaking his hands ......reme Court High Court Division (Criminal Appellate Jurisdiction) Present: SK Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitt......plicable in view of the facts that prosecution has used the seizure lists, medical report and confessional statement of the accused in this case, which are not evidence in a case. Statement in public documents are receivable prove the facts stated on the general ground that they are made by the auth..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
.... house where deceased Ismail Kha disclosed that accused Selim and Salam dragged him out of the house and Babul Sikder fired at him. 23. PW11 Abdur Rab Howlader was Sub-Inspector of Police at the relevant time at Bakerganj Police Station. He held inquest on the dead body of deceased Ismail Kha a......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......d. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....a J. - This petition for leave to appeal is directed against the judgment and order dated 25th July, 2010 of a Division Bench of the High Court Division in Civil Revision No.1932 of 2010. 2. Facts relevant for disposal of this petition are that the plaintiff filed Title Suit No.73 of 2009 seeking......e order allowing the plaintiffs to file the suit repeatedly on the false plea on different cause of action is liable to be set aside. 5. We have heard the learned Counsel and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High ......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Grameen Telecom..................................Petitioner Vs. Dr. Rowshan Alam and others ...............Respondents Judgment October 25, 2010. Result: The petition is......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ..Category: Procedural Law | Date: | Hits: 115
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....্রমে মূল মোকদ্দমাটি পুনরায় শুনানী হওয়া আবশ্যক”। 6. The reasons assigned by the learned Subordinate Judge are not relevant for reviewing a judgment disposed of on merit after full flaged hearing of the parties. The......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39...Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......ecial Original Jurisdiction) Present: Md. Joynul Abedin J Abdus Salam Mamun J Ocean Containers Ltd………………………..………….Petitioner Vs. Government of Bangladesh and others.........Respondents Judgment December 10, 2002. Cases Referred To- Ahmadabad ......al of tax exemption of its aforesaid "Unit 2" under section 46A(2)(f) of the Income Tax Ordinance, 1994 as per the form prescribed in Rule 59A(1) of the Income Tax Rules, 1984 along with the required documents. The NBR after having received the aforesaid application for tax exemption from the petiti..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....ceptional cases such power is to be exercised. 28. In Gurbaksh Singh Sibbia Vs. State of Punjab AIR 1980 (SC) 1632= (1980) 2 SCC 565 Chandrachud. CJ clearly demarcated the distinction between the relevant considerations while examining an application for anticipatory bail and an application for ......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241....... Court Division (Criminal miscellaneous Jurisdiction) Present: A K Badrul Haq J Nazrul Islam Chowdhury J Patwary Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referre......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
...... Abu Nayeem Mominur Rahman J
Syed Afsaruddin....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others....…………..Respondents
Judgment
June 21, 2009.
Cases Referred To-
Rawsh......property in the abandoned property list after observing all the formalities of law and where about of the original lessee Md. Moslem was not known but the petitioner could not produce any evidence or documents that the original lessee Mr. Moslem was very much present in Bangladesh before or after th..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....is no such material whatsoever which tends to show that the consignment in question has been under invoiced. 14. Admittedly there was no fixed tariff value for the said imported merchandise at the relevant time. 15. Mr. Zainul Abedin, the learned Advocate for the petitioner referring to a Memo...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both the Rules are ......n market between the buyer and a seller independent of each other. 13. The price as mentioned in the letter of Credit and the commercial invoice prima facie shows that the price mentioned in those documents is the market value between the seller and the buyer, in other words, the supplier and the..Category: Fiscal/Taxation Law | Date: | Hits: 79
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....at is the only objection that has been raised by the learned Advocate for the revenue. 6. We have gone through the judgment of the Tribunal and it appears that the Tribunal on consideration of the relevant laws and the purpose for which BRAC was established specifically came to the finding that t......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 which arose out of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by the Taxes Appellate Tribunal, D......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
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