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Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)
.... 2000 metric tons of crude palm Olien falling under H.S. Code 11511.10 at the rate of $354 per Metric Ton C & F value. On arrival of the said goods on 9.3.1993 Bills Entries were submitted and part of the goods was released on payment of customs duty on the basis of C & F value/Tariff va......ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ...... No.102 of 1997 dated 23.04.1997 the police went to the hospital, prepared the inquest report of the victim Saidur Rahman and sent the dead body to the morgue for postmortem examination. After investigation the police submitted charge sheet against the petitioner and others Charges were..Category: Criminal Law | Date: | Hits: 97
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......u Nirjatan Daman Ain, 2000 was recorded by Katwali Thana Police, Faridpur implicating 3 accused-persons including the condemned petitioner. The police thereafter upon completion of investigation submitted charge sheet No.50 dated 20.2.2003 under the said section of the Act. ..Category: Criminal Law | Date: | Hits: 86
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ul Monaf with a rent of TK.16.00 per year and thereafter by taking possession of the suit land has been enjoying and possessing the same by using it as his family graveyard, as well as in some part of the suit land he has been growing bamboos and trees; that his son, one daughter and one nep......ged to Taluk No.1079 Bakor Mohomad and Niskor benombary (numberless) Taluk Niamat Ali Shah and Liakat Ali Shah and the disputed land was not past of Taluk No.1102/30 Abdul Taluk; that without local investigation the plaintiffs are not entitled to get any relief; that the plaintiffs, the proforma..Category: Property Law | Date: | Hits: 31
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....come as expeditiously as possible and in the case of Sarwarjan Bhuiyan and others vs. Government of Bangladesh and others, 44 DLR (HCD)447, the High Court Division, while considering laches on part of the writ petitioner, observed that extraordinary remedy provided in writ jurisdiction is fo......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 406. ..Category: Property Law | Date: | Hits: 50
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....eration and on the basis of the same filed an application before the Revenue Court, Bhandaria purportedly under section 95 of the State Acquisition and Tenancy Act and got an ex parte order of redemption dated 9.10.1991 and then having come to know about the above ex par......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....5-2006 passed by a Division Bench of the High Court Division in Writ Petition No.3129 of 2004 making the Rule absolute. 2. The petitioner's case, in brief, is that the petitioner took active part in the liberation war in 1971 and Mr. M.A.G. Osmani, Commander-in-Chief, presented a certifi&sh...... residential land in Chittagong City Corporation Area either in his own name or in the name of his family members to get an allotment of a residential plot and that the authority after holding the investigation found that the petitioner has purchased a plot in the Chittagong City corporation are..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....untries within time and the P.W. 1, in his deposition, admitted that the plaintiff Bank received US$ 10,36,612.17 from 21 export L/Cs. and thus admittedly there was no latches or lacuna on the part of the defendant No.1 in accomplishing its export performance and further the value of 48 impo...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ..Category: Civil Law | Date: | Hits: 106
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....e Cinematograph Rules we are of the view that the impugned order restricting the petitioner right to have a licence in his own name considering the existence of disputed question of title between the parties and as such the licensing authority may exercise its discretionary power judiciously and not......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....ent) dated 07-10-1983 in favour of the appellant. That the learned trial Court after due service of summons upon the defendant-respondents and exhausting all the process of law decreed the suit ex-parte on 29-06-1986 but due to failure on the part of respondent No.3 to execute and register the k......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e provision of section 47 it appears that the intention of the legislature is to give relief to the borrowers in respect of actual of interest, which increases mainly because of default on the part of the bank officials, inasmuch as the loanee being not aware about technicalities as to the a......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ..Category: Civil Law | Date: | Hits: 104
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....d before the High Court Division are that the plaintiff instituted Title Suit No.72 of 1991 in the Court of learned Senior Assistant Judge, Sirajganj praying for declaration of title and for partition and also for permanent injunction restraining the defendant Nos.1 and 2 from transferring......rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ..Category: Property Law | Date: | Hits: 49
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
....from jail and subsequently they have also preferred regular appeals. 7. The High Court Division by the judgment and order passed on 3-4-2005 have been pleased to accept the reference in part so far it relates to Md. Fazal and reject the reference regarding Abdul Jalil and Amiruddin, b...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..Category: Criminal Law | Date: | Hits: 38
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......gistered by accused No. 6 Md Manzur Hossain and he issued the fake receipt. Hence the FIR was lodged with Sutrapur PS stating the occurrence i.e. aforementioned facts. 3. Police after investigation submitted charge sheet on 14-2-2005 only against the accused Md. Mahbub Alam Nizam un..Category: Criminal Law | Date: | Hits: 79
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C. 58); Kynaston V. Secretary of State for the Home Department (1981) 73 Cr. App. R. 281); Trawnik v. Lennox ((1985) 1 WLR 532); Malone v. Commissioner of......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....late Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is a piece of land measuring 15 decimals, a part of C.S. Plot No.45 having an area of 8.24 acres appertaining to khatian No.306 of mouza Daksh......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ..Category: Property Law | Date: | Hits: 36
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
.... in F.A. No. 11 of 1984 (Chittagong), subsequently renumbered 323 of 1991 (Dhaka), which, reversing those of the Subordinate Judge, Patiya, decreed the plaintiff's suit, Other Suit No. 163 of 1981 in part. 2. The patent facts are that the suit homestead with its adjuncts and adjoining thank, ditc......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
....rent dates he took petrol, octane, mobile distilled water etc. by different receipts without official permission and thereby the government incurred a loss of Tk. 2,900/- on those allegations departmental proceeding No.1/87 was started against the respondent. The respondent was served with a s...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579...Category: Administrative Law | Date: | Hits: 105
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....eted not less than one year of continuous service so discharged, shall be paid by the employer compensation at the rate of thirty days wages for every completed year of, service or for any part thereof in excess of six months, or gratuity, if any, whichever is higher. Explanation.......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....as an abandoned property. About the whereabouts of the writ petitioner the High Court Division accepted the submission of the writ petitioner respondent that she left the Country in the later part of October, 1971 and thereafter the property was under her constructive possession through her......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ..Category: Property Law | Date: | Hits: 42
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