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Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....he basis of CRF certificate. This Division held "Having discussed the relevant law and decisions with regard to vested right and promissory estoppel we are of the view that the position of the parties in the present case is like those arising out of promise made under section 19 of the Cust......s. tariff value was changed from Tk. 200 to Tk. 300/- and then from Tk. 300 to Tk. 315/-. The importer got the goods release and thereupon made a representation to the authority for exemption from payment of additional duties and taxes leviable on the basis of the enhanced tariff value introduce...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....ourt Division in Writ Petition No.6871 of 2007 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the writ petitioner while a student of 3rd year in Department of International Relations of the University of Dhaka, received a show cause notice on 12.......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 103
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....d with a view to avoid further complication, the defendants had decided to rescind the letters of intent and the defendants further stated that there was no concluded contract between the parties over the suit property and as such, the plaintiff is not entitled to get a decree for speci......r the said safkabala deeds and would also handover possession of the said excluded property, the plaintiff after receiving the letter of the defendant No.1 had deposited Tk.1,80,00,000/- by a payment order on 18.11.1992 in respect of "Gha" schedule property and also requested defe......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
.... CJ. - This petition for leave to appeal is directed against the judgment and order 20th April, 2008 passed by the High Court Division in Writ Petition No. 5063 of 2005 making the Rule absolute in part. 2. Short facts as placed before the High Court Division are that the writ petitioner is ......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....ned Additional Assistant Judge, First Court, Dhaka in dismissing the Miscellaneous Case No. 13 of 1995 filed by the defendant under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex parte decree dated 19.8.1995 passed in Title Suit No. 1 of 1995. 2. Short facts are that the plai...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......5 of 1999 for Specific Performance of Contract alleging that Mir Ahmed executed a Bainapatra on 19.9.1981 in favour of the plaintiff-petitioner to sell the suit land at Tk. 60,000.00 acknowledging payment of Tk. 40,000.00 only paid by the plaintiff-petitioner out of the said consideration money ......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ..Category: Property Law | Date: | Hits: 36
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....bsp; ATM Afzal CJ.- The question raised in this appeal by leave is whether the respondent who is an Assistant Director, National Security Intelligence (N.S.I.) Department should be treated as an officer absorbed in the said department as a surplus officer ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....or Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner. Md. Hannan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For respondent No. 4. Ex parte-Respondent Nos. 1-3. Civil Appeal No. 106 of 1997 (From the Judgment and Order ...... be allowed and if it is allowed respondent No. 4 will be highly prejudiced. It was stated that Title Suit No. 9 of 1983 was restored in Miscellaneous Case No.104 of 1987 by order dated 22-1-94 on payment of a cost of TK. 10,000/0 and the said suit is pending. By creating a false power of attorn......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....rt Division in Writ Petition No. 3344 of 1996 impugning the order dated 18-7-1996 rejecting the appellant's aforesaid application for rejection of plaint. The High Court Division after hearing the parties was pleased to make the Rule absolute by its judgment dated 5-2-1997. The present responden......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......ation under Order 7 Rule 11 for rejection of plaint on the ground, inter alia, that the suit is barred by Section 5(1) of the Artha Rin Adalat Ain, 1990 as the subject matter of the suit was not a loan within the meaning of the words as defined in the said Ain. The said application was rejected ..Category: Others | Date: | Hits: 95
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....as a Chargeman in the Pakistan Ordnance Factory at Wah Cantonment, Rawalpindi and on 10.5.71 he came to Bangladesh on 38 days earned leave and on his arrival at home in the district of Faridpur, he participated in the war of liberation by way of supplying food to the freedom fighters and af......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ..Category: Administrative Law | Date: | Hits: 103
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....withdrawn with permission to sue of terse. A fresh petition was thereafter filed with the prayer to grant succession certificate. 4. One Haji Tasiruddin Shah was added as opposite party in Miscellaneous Case No. 138 of 1982 asserting that Haladhar Chandra Dey died in the middle ......respect of which a succession certificate was asked for, but the certificate has perhaps been though necessary in order to enable the appellants to get back the pledged ornaments on payment of the dues in the Bank. In this view of the matter, the appeal was dismissed. ......e State Bank of Pakistan in Khulna. The further case of the appellant is that some of those ornaments were mortgaged to "H. Dey Jewellers" by different customers on different dated for loans taken by them. 3. A petition for succession certificate was filed earlier as Miscellan..Category: Property Law | Date: | Hits: 39
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
....s and the said defendant is not the Benamder of the plaintiffs, that the contract between the plaintiffs and the defendant No.1 has lost its Validity and as such there is no breach of contract on the part of the defendant No.1, that the contract between the plaintiffs and the defendant No.1 has been...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
....ala and others were still alive at that time. The Courts below concurrently held on comparison of the signatures of defendant Nos.1 and 2 in registered pattas with the papers of the Revenue Department and their signatures in the deposition sheet of the instant suit that the signatures of de......r suit land for 10 years at a time from 1383-1393 B.S. by one single dakhlia and that is also after the institution of the instant suit and before that they could not file a single dakhlia showing payment of rent for the suit land. 13. It is the contention of the defendants that in 1952-5...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
.... Court of the District Delegate Judge who is also the Additional District Judge, Barisal who refused to grant probate by his judgment and order dated 20.05.1996 upon the said will on contest by the parties in that case. 3. Against the said judgment and order of the District Delegate Judge ......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....e a gift of the suit premises to the plaintiff No.3 to the knowledge of all concerned. Defendant No.1 requested the plaintiffs to recognize him as the tenant after Altaf Hossain left the partnership business. Plaintiffs accepted defendant No.1 as the sole tenant. Defendant No.1 inducte....... 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plaintiffs as his landlord. Younus Chandana stopped payment of rent since May 1974 and he also inducted defendant No.1 and one Altaf Hossain as sub-ten......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....of the phases of the contract to Respondent No. 1 The learned Counsel has further submitted that while disposing of the writ petition the High Court Division noticed irregularities on the part of Respondent No. 2 and its officials in the process of making selection of the Contractor fo......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ..Category: Procedural Law | Date: | Hits: 83
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....First Court, Dhaka praying for permanent injunction against the defendant Government of Bangladesh and other Government Officers restraining them from entering into the 'Ga' Schedule land part of the 'kha' schedule which is out side the land acquired in L.A. Case No. 13 of 1956-60. The ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....n the meaning of Chapter VI. Article 51. (1) Every election petition shall contain- a precise statement of the material facts on which the petitioner relies: full particulars of any corrupt or illegal practice or other illegal act alleged to have been committed......2) Subject to the provisions of this Order Evidence Act, 1872, shall apply for the trial of an election petition. (3) The High Court Division may, at any time, upon such terms and on payment of such fee as it may direct, allow petitions to be amended in such manner a may, in its o......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..Category: Election Law | Date: | Hits: 312
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
....d order dated 31-01-1995. Against the aforesaid order of conviction petitioners filed Appeal before the High Court division and the learned Single Judge of the High Court Division upon hearing the parties and on considering the evidence dismissed the appeal and affirmed the judgment of the ...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......3 with Kotwali Police Station (Barisal) against the petitioners stating inter alia that the convict petitioner Abdul Huq Sikder was a Field Assistant of Sonali Bank, Barisal and he recommended for loan of the fake person named Motaleb Majhee who was alleged to have been identified by one fake Ma..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....ior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1 -3. Ex-parte-Respondent Nos.4-5. Civil Appeal No.12 of 1998. (From the Judgment and Order da......ocument. These witnesses have not said any thing about passing of money as the consideration for the transaction by the questioned document P.W.1 has stated that he has no knowledge about the payment of money in connection with the transaction. The evidence of P.W.1 does not show with certa......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..Category: Property Law | Date: | Hits: 44
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