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Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....ndent misused the privilege of bonded warehouse and the respondent having failed to show cause in terms of letter dated 7.8.2001, notice dated 26.8.2001 was issued and in any view of the matter since disputed question of facts are involved, those can not be resolved by affidavits and accordingly the......ted question of facts are involved, those can not be resolved by affidavits and accordingly the writ petition is not maintainable. 4. The High Court Division, after hearing, made the Rule absolute holding that the notice dated 23.7.2001 was issued by the appellant No.1 without complying the provi..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ...... stated that the Khatian No.14 recording raiyati interest of Naurraja was a collusive one and that Naurraja had no raiyati right in the Khatian No.14 and that he did not pay any rent for such raiyati holding, it was contended that it was averred in paragraph 2 of the plaint that the raiyati recorded..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....xhausting those forum the petitioner has filed the present writ petition which is not maintainable. (k) The question as to whether the petitioner took excess amount of rebate or not being a disputed question of fact, it cannot be decided in writ jurisdiction. The writ petition is misconcei...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......e to the hostile attitude of defendant Nos.5 and 6, who did not cooperate the demarcation was not made. 7. The learned judge framed 5 issues and on consideration of the same, dismissed the suit, holding that, plaintiff could not prove that Pachkori Das was in Bangladesh while executing and regi..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......reported in AIR 1973 SC 33 the word "officer" in Clause Ninth means some persons employed to exercise to some extent and in certain circumstances a delegated function of the government. The holding of office implies charge of a duty attached to the office. 10. According to Section 197..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......that summons were shown to have been served upon them but they did not receive the same and they had no knowledge about the suit. The trial Court by the order dated 27-11-2006 rejected the Misc. Case holding that (a) defendant petitioner failed to produce any paper relating to lease of the suit land..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......ent, Appeal Tribunal 5 ADC 478 and made submissions in different ways. The learned Assistant Attorney-General basing on that decision submits that the interpretation given by the Appellate Division holding section 42(4) of the Act not applicable in a given situation was absolutely correct and app..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......tiff had delivered possession in favour of defendant and delivered documents to defendant, together with a Power of Attorney to execute and register any sale deed as such the Court acted illegally in holding that time was essence of the contract. 16. Mr. Fida M Kamal, learned Advocate, appearin..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... though that move was initiated was subsequent to the date of the submission of the charge sheet. The said application ended in fiasco, as this Division discharged the Rule on maintainability ground, holding that the application was premature. This Division did not, therefore, have an opportunity to..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ompted by the news paper’s critical stance against the imposition of emergency. 59. In Prapat Singh Vs. Punjab (AIR 10964 SC 72), the Supreme Court set aside a decision on malafide ground, holding that the allegation placed by the petitioner that he was a victim of the Chief Minister&rsqu..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......to because of the latter’s critical stance against the imposition of emergency. 68. In Prapat Singh Vs. Punjab (AIR 10964 SC 72), the Supreme Court set aside a decision on malafide ground, holding that the allegation placed by the petitioner that he was a victim of the Chief Minister&rsqu..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......submits that upon submission of the learned Special Public Prosecutor the learned Judge of the Tribunal below arbitrarily allowed the petition under Section 494 of the Code of Criminal Procedure holding that it might be a political case although no material was placed before the Court of that e..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
.... section 67 of the Registration Act, but the learned appellate Court committed error in allowing the appeal without considering the case of the pre-emptee that the preemptor is not a co-sharer in the disputed khatian which has been wrongly recorded in the name of his predecessor Foiz Ahmed who has n......oth the Courts below held that the correctness of the disputed khatian cannot be considered in a pre-emption proceeding and accordingly, in my opinion, both the Courts below committed error in law in holding that correctness of the disputed khatian cannot be considered in the present proceeding and ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......es considered meritorious in the Hindu social and religious system. Under the Hindu law, the image of a deity of the Hindu Pantheon is a juristic entity, vested in the capacity of receiving gifts and holding property. Religious institutions known under different names are regarded as possessing the ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......as principal of Abdul Malek College wherein he has been serving in that capacity since 29.6.2006 till filing of the writ petition. 3. The High Court Division, after hearing, made the Rule absolute holding that as per the Circular No. শাঃ১১/বিবিধ-৫/৯৪/(অংশ-৬)à§à§..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......d or act as an appellate authority over an appellate order passed under Rule 31 and set-aside such, appellate order or direct the Appellate Officer to hear an appeal afresh in respect of a particular holding. Nor the Appellate Officer is empowered to rehear an appeal which was finally disposed by hi..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....on that the writ petitions are not maintainable has got no substance. 13. The next question is whether the PSC made its recommendations against the vacant posts. Apparently, it did and it is not disputed in the writ petitions. The moot question is whether the PSC made its recommendations agains......consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ...... the accused persons under section 6(3) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. 4. The case was transferred to the Court of the Nari-o-Shishu Nirjatan Daman, Bishesh Adalat for holding trial. 5. Prosecution examined 15 witnesses and the defence examined none. 6. The ..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116