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Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ...... petitioners to "mutate the names of the petitioners (writ-petitioners) in respect of the land in record-of-right upon changing ownership/possession of the land" within three months observing that in view of the judgments of the High Court Division in Civil Revision No. 5380 of 1991 and writ petitio..

Category: Property Law | Date: | Hits: 68

Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)

....the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......artment of Chemistry, University of Dhaka. The petitioner in this situation, as he submits, was required to make a complaint within 21 days from the date of making provisional assessment before the Review Committee formed under Rule 23 of Pre-shipment Inspection Rule, 2002. On 16-3-2011 the petition..

Category: Business or Commercial Law | Date: | Hits: 200

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......signed on 10-8-1991. Therefore, it is evident from the materials on record that first execution case was filed beyond the period of 3 years. Thus, the first execution case was barred by limitation in view of the provision of Article 182 of the Limitation Act. As the first execution case was barred b..

Category: Civil Law | Date: | Hits: 83

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......ney‑General, has submitted that though the impugned judgment was unhappy, the convic­tion of the accused persons, particularly those of appellants Ansar Ali and Sanwar Hossain can be maintained in view of the confessional statement of Ansar Ali which was true and voluntary and the evidence of pro..

Category: Criminal Law | Date: | Hits: 91

Md. Mujibul Huq and others Vs. Md. Tasar Ali being dead his heirs: 1(a) Md. Jabbar Mia and others, 2010, 39 CLC (AD)

....h the concurrent find­ings of fact arrived at by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ......n of the title and possession of the plaintiffs' predecessors in the suit land. 4. There are concurrent findings that the plaintiffs failed to prove their title and possession in the suit land. In view of such findings of fact, we find no substance in the submission of Mr. Bivash Chandra Biswas, ..

Category: Property Law | Date: | Hits: 68

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......that baina patra in question is not a valid docu­ment inasmuch as the father without obtaining the sale permission from any Court executed the baina patra in question for and on behalf of minors. My view is therefore, that the Court of appeal below rightly disagreed with the sole finding of the tri..

Category: Property Law | Date: | Hits: 74

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......o the making of an arbitral award by an Arbitration Tribunal ("Tribunal"). While, therefore, Arbi­tration No.1 of 2007 arises as a section 7(Ka) application for an Order of Interim injunction with a view to preserving the subject matter of the arbitration by restraining certain perfor­mance guaran..

Category: Alternative Dispute Resolution | Date: | Hits: 172

State Vs. Jabbar, 2010, 39 CLC (AD)

....htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......only found him in the protest procession where there were thousands of people including the students". There is no chain of circum­stantial evidence to link the respondent in the murder of Helal. In view of the above, the learned Judges of the High Court Division have rightly found the accused resp..

Category: Criminal Law | Date: | Hits: 53

Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)

....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......judgment of the High Court Division in finding the plaintiff’s title in the suit land. 6. Now the question is whether the plain­tiffs are entitled to a decree for recovery of khas possession in view of the fact that the High Court Division has not arrived at any definite finding as to when the..

Category: Property Law | Date: | Hits: 73

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

...., we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ......sion to reject the same. In other words, according to Mr. Bhuiyan, the tax paid on the date of filing such application before the Settlement Commission would make the application maintainable. But in view of the wording of sub-section (2)(a) of Section 152D we are unable to accept the contention of ..

Category: Fiscal/Taxation Law | Date: | Hits: 113

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......f the State. Those who exercise the State-power are Ministers, Legislators and Judges and not the mem­bers of their staff who implement or assist in the implementation of their decisions. So in that view of the matter, the members of the Judicial Service cannot be equated with administrative execut..

Category: Constitutional Law | Date: | Hits: 441

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......se aver­ments were made in a different suit in which the plaintiff was not a party and he was not afforded an opportunity to contro­vert those statements. This submission merits no consideration in view of the fact that this written statement has been admit­ted into evidence as ext-Ga and if the ..

Category: Procedural Law | Date: | Hits: 76

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

.... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ......efendant did not give any explanation as to why they did not take step as to the character of the suit property as enemy property after 1965 and before death of the law on this subject. We are of the view that, the learned Judge committed gross illegality in holding that the suit property as enemy p..

Category: Property Law | Date: | Hits: 66

State Vs. Kazol, 2011, 40 CLC (HCD)

.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......implicating Kazol in this case. Mr. Haque submits that the Tribunal’s judgment as relies on the Section 164-statements read with circumstantial evidence, which in turn establishes the motive in its view for Taposh’s death, is actually based on doubt and speculation and, therefore, not sustainabl..

Category: Criminal Law | Date: | Hits: 106

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......at the guarantor is seen not only responsible for repayment of the loan his liability to repay need not even be postponed till the principal debtor fails to repay the loan. From the priority point of view in repaying the loan, the guarantor may be compelled before even compelling the principal debto..

Category: Company Law | Date: | Hits: 203

Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)

....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......suit was numbered as Title suit No.253 of 1988; rejecting the plaintiff petitioner's application under Order 39 rule 7 read with section 151 of the CPC praying for local inspection and a prayer for review of earlier order dated 5.3.90 by which the previous application for local inspection was reject..

Category: Property Law | Date: | Hits: 80

Government of the People's Republic of Bangladesh Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others, 1992, 21 CLC (HCD)

....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391.......in such a case to be amended by substituting the names of the representatives of the deceased, even when the suit is instituted bona fide and in ignorance of the death of the defendant." 5. In view of the above decisions and also the patent position of law the substitution of the deceased re..

Category: Alternative Dispute Resolution | Date: | Hits: 213

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......e of those officers were also consid­ered for promotion and in due course they were promoted to the higher posts. 4. That some 81 employees of the BABC filed an application to the authority for review of the concerned seniority list and its consequential amendment urging to determine the seniori..

Category: Employment/Service Law | Date: | Hits: 81

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

....e case of A. Hannan Vs. The Collector of Customs, 40 DLR 273 referring to the decision in the case of Collector of Central Excise & Customs Vs. Azizuddin Industries Ltd., PLD 1970 (SC) 439 it was erroneously observed by a Division Bench of this Court as follows:‑ "Therefore, it seems to be ...... Customs Act, 1989 provides that the rate of duty applicable to any imported goods shall be the rate of duty prevailing on the date of the delivery of the bill of entry to the appropriate officer. In view of the amendment of section 19 of the Customs Act by inserting sub‑section (2) by the Finance..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......iod. Moreover, the Money Suit is at its initial stage and none knows when the Money Suit would be concluded and a criminal case cannot be postponed till that case for an indefinite period and in that view of the matter, the petition was rejected. 5. Thereafter, it appears that the petitioner HM E..

Category: Criminal Law | Date: | Hits: 125