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Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......n the basis of the transaction value of the imported goods or identical or similar goods, it will be determined on the basis of the unit price at which the imported goods are sold. But in the present case the value of goods in question are to be determined as per the provisions of Rule 4 or 5 of the......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......No.63 of 1990 for specific performance of contract against them. The Government of Bangladesh was also made a defendant therein. Ultimately the suit was decreed exparte on 29.10.1991. In an execution case, the executing Court refused to execute the sale deed on setting aside the exparte decree by or......ce, 1970 (Ordinance 24 of 1970) issued by the Senior Assistant Commissioner, Vested Property Cell, Office of the Deputy Commissioner, Dhaka asking the petitioner and two others to handover a piece of land after removing the structures standing thereon within seven days from receipt of the notice (An..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......l is directed against the judgment and order dated 28-5-2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in Miscellaneous Case No. 6 of 2004 rejecting the Miscellaneous case under Order XLI, rule 19 of the Code of Civil Procedure for re-admission of the appeal. 2.......s case No.75 of 1996 under section 96 of the State Acquisition and Tenancy Act on the allegation that the opposite-party No. 3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ...... is dismissed. Confession A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......Confession and second confession A confession is an admission made at any time by a person charged with a crime, stating, or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......him by signing in his own hand. The learned Advocate of the plaintiffs approached the learned Advocate for defendant No.1 for giving him, the Photostat copies of the documents filed in support of his case, i.e. in Title Suit No.51 of 2004 and then he gave him the Photostat copies of the documents in......ent in 1951 as an Assistant Engineer under the then Government of Pakistan. While serving in C&B department, Engineer Shamsul Kabir Humayun Reza of 157, Bara Mogbazar purchased 10 (ten) kathas of land at Bara Mogbazar by a registered deed dated 28-9-1957 being deed No.9847. Subsequently, he by a..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of action, the case was filed on 7-10-2009. The question of prematurity does not arise. Even if it is found that th......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......ith a declaration that the impugned order of termination is void, illegal and without jurisdiction and the plaintiffs are still in service with a prayer for mandatory injunction.
3. The contrary case of the defendants in brief is such that the suit is not maintainable and there is no cause of a......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......il or pre-arrest bail. Anticipatory bail should be granted by the High Court Division for a limited period or till filing of the charge-sheet whichever is appropriate in the circumstances of the case. After expiry of the period or filing of the charge-sheet, as the case may be, the accused must...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ...... writ petition designed and styled as a public interest litigation has been filed by an Advocate and a human rights activist who is the Member of this Bar. 2. The petitioner has come up with a case and has sought a direction upon the respondents to ensure Rule of Law and to take necessary s......nstitutional Courts intervene in these types of matter in order to oblige the law enforcing agencies to initiate criminal proceedings against the offenders. In view of the fact that, in the case at land, the victim herself has lodged the F.I.R. before issuance of the instant Rule and the principl..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable time for so doing only to be given. In the instant case, the ends of justice would be best served if the petitioner has been given a chance to pursue h......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......5.06.2007 corresponding to A.C.C. G.R. No. 48/2007, now pending in the Court of Special Judge, Court No.4, Dhaka which was quashed so far as the respondent No.1 is concerned. 2. The prosecution case, in brief, is that the informant along with other forces were on patrol duty, on 27.02.2007, at......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......5, 000/-. 3. This Death Reference and all these appeals having arisen out of a common judgment, these have been heard together and are being disposed of by this judgment. 4. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial are that vi......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......ule. 2. The plaintiff-respondent Nos.1 to 5 filed Title Suit No.77 of 1998 in the court of Senior Assistant Judge, Rampal, Bagerhat for declaration of their title in the suit land. 3. The case of the plaintiffs, in short, was that the suit land along with other lands of the khatian orig...... discharging the rule. 2. The plaintiff-respondent Nos.1 to 5 filed Title Suit No.77 of 1998 in the court of Senior Assistant Judge, Rampal, Bagerhat for declaration of their title in the suit land. 3. The case of the plaintiffs, in short, was that the suit land along with other lands o..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ...... Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others.......................Respondents (In both cases) ......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......ntiff samity that until licences are issued to the members of plaintiffs samity they would be allowed to run Rickshaw without licence and the Rickshaws that have been seized would be released and the cases filed by the Corporation would be withdrawn. The aforesaid declaration of defendant No.1 was p......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......ayable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other charges of a like nature or in respect of a fine or other penalty, and (b) in no case includes an arbitration award, even if such award is enforceable as a decree or judgment. ......nd (b) approve proper places in any custom station for the loading and unloading of goods or any class of goods." Section 2 (iii) read with section 9 (b) of the Customs Act define Customs Inland Container Deport. Section 9 (b) stipulates; "The places which alone shall be land cus..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......ion Commission Act, 2004. Hence, this FIR was filed against the accused-petitioner under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004. 4. During investigation of the case, one Md. Aftab Uddin, Deputy Assistant Director, Anti-Corruption Commission recorded the statem......f the Anti Corruption Commission Act only and, as such, there is no bar to proceeding against the accused-petitioner under section 27(1) of the Anti-Corruption Commission Act, 2004 and this being the landscape, the impugned proceedings should not be quashed. 12. He then submits that investigati..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......on given to all share holders of the company who intend to reduce their paid up capital and share premium invested in the company on pro-rata basis. The learned Advocate also submits that in the case of company limited by shares it may be permitted to reduce its share capital in any manner, mea...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......thing in the plaint about the change of title i.e. name of the C.S. recorded tenant from whom the said Ahsan Ullah Bhuiyan obtained his title, therefore, the plaintiff has utterly failed to prove its case but the learned Joint District Judge, Dhaka erroneously passed the impugned order without consi......e, Dohar Court, Dhaka on transfer which was renumbered as the title Suit No.191 of 2005 against the present petitioners contending that Ahsan Ullah Bhuiyan was the owner and possessor of 7 decimal of land appertaining in C.S. Khatian Nos. 168 and 16 and C.S. Dag Nos. 423, 433 and 434 corresponding t..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
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