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M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....judgment and order dated 23.06.1998 passed by the High Court Division in thirteen Writ Petition Nos.6923 of 1997, 506, 446, 363, 364, 353, 441, 751, 362, 356, 439, 754 and 511 of 1998 discharging the Rule. 2. The facts of the cases are more less similar however the facts of the Writ Petition Nos.......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122...Category: Fiscal/Taxation Law | Date: | Hits: 86
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
.... Md. Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 26.08.2008 passed by the High Court Division in Civil Revision No. 607 of 2008 discharging the Rule and affirming the judgment and order dated 14.01.2008 passed by the learned Joint District Judg......tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75...Category: Others | Date: | Hits: 109
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....desh has been filed praying for leave to appeal against the judgment and order dated 30.09.2007 passed in Writ Petition No.1255 of 2005 by a Division Bench of the High Court Division, discharging the Rule. 2. In the Writ Petition the Rule was issued calling upon the respondents to show cause as t......er relating to the dismissal of the Head Master before the Appeal and Arbitration Committee of the Board and that the High Court Division misdirected itself in observing that even if the Rule is made absolute it will be infructuous inasmuch as no substantive relief directing the Board to approve the..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....desh Jute Mills Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment April 8, 2002. Result: The Rule is made absolute with costs. Cases Referred to- Damodar Valley Corporation Vs. KK Kar, A......ls Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment April 8, 2002. Result: The Rule is made absolute with costs. Cases Referred to- Damodar Valley Corporation Vs. KK Kar, AIR 1974 SC 15..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
....ate, sought permission to move on his behalf and I accordingly, allowed him to make submissions of behalf of the petitioners. 3. The brief facts relevant for the purpose of disposal of the instant Rule are that the predecessor of the petitioners, as plaintiff, instituted Title Suit No. 2 of 1959 ......the Code of Civil Procedure, the application for correction of the mistake in the schedule of the plaint and the resulting mistake in the decree may be allowed. 10. In the result, the Rule is made absolute. The impugned order of the learned Senior Assistant Judge is hereby set aside. The learned ..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....inal Revision No. 579 of 2000. Judgment Amirul Kabir Chowdhury J.- At the instance of informant Md. Abdur Rahman Kha, on an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the Deputy Commissioner, Jhalakathi and opposite party No.2 Samir to sh...... Whatever observation we have made above are for limited purpose of disposal of this Rule and shall therefore have no bearing at the time of trial of this case. 15. The Rule is, therefore, made absolute. Impugned order dated 20‑4‑2000 passed by the learned Additional Sessions Judge, Jhalak..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....es‑For the Opposite-Party No. 2. Complainant. Ireen Mahbub, Assistant Attorney-General-For the State. Criminal Miscellaneous Case No. 11011 of 2003. Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling......the Penal Code as the accused petitioner is the owner of the truck and, as such, the impugned order passed by the learned Additional Metropolitan Sessions Judge should be quashed and the Rule be made absolute. 4. The learned Advocate for the opposite party No.2 informant submits that the learned ..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....hid Alam Khan, Advocate-For the Petitioner. Md. Altafur Rahman, Deputy Attorney-General-For the State. Criminal Miscellaneous Case No. 4255 of 2001. Judgment Khondker Musa Khaled J.- This Rule, arising out of an application under section 561A of the Code of Criminal Procedure, was issued......61A of the Code of Criminal Procedure is not supposed to embark upon an inquiry to ascertain sufficiency, reliability and admissibility of evidence on record. However, if a conviction order is passed absolutely without any legal evidence, it can be looked into in the present forum to secure ends of ..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
.... Khan J Md. Ashfaqul Islam J GM Morshed..............................Petitioner Vs. City Bank Ltd. and others...........Opposite Parties Judgment January 19, 2004. Result: The Rule is discharged. Cases Referred to- Hasibul Bahar Vs. Gulzar Rahman and another, 11 BLT (AD......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....r the State-Respondent. Criminal Revision No. 81 of 2002. Judgment Amirul Kabir Chowdhury J.- Supplementary affidavit filed in Court today be kept with the record. 2. This Rule was issued on 4‑2‑2002 at the instance of the accused petitioner Loskoar Mohammed Mostan Bi......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....s in a fair and reasonable way and on consideration of all evidences if a reasonable doubt arises that must be given to the accused persons. It is observed here that danger of exaggerated devotion to Rule of benefit of doubt at the expense of social defence and to soothing sentiment that all acquitt......he evidences of prosecution witnesses cannot be blown away on the ground of Unreliability. It cannot be, also, said that the case is of no evidence against all accused‑appellants. The contention is absolutely meritless and the same stands ruled out. 48. Last weapon used from the side of accused..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....ezzaque Khan, Additional Attorney-General, with Anwarul Azim Khair Deputy Attorney‑General‑For respondent No. 2. Writ Petition No. 5981 of 2000. Judgment Md. Arayes Uddin J.- Rule was issued upon the respondents to show cause why section 8 of the impugned Act being Non‑Cad......itution is misconceived and cannot be maintained for want of jurisdiction. Considering all these facts and circumstances we find merit in this Writ petition. 12. In the result the Rule is made absolute without any order as to costs. In view of section 8 of the impugned Non-Cadre, Cla..Category: Employment/Service Law | Date: | Hits: 116
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....h of the High Court Division thereafter by the impugned judgment discharged the rule. 4. Mr. Md. Fazlul Karim, learned Counsel appearing for the petitioner contends that the provisions of Order 23 Rule 1(2) of the Code of Civil Procedure is mandatory and provides for recording reason as to formal......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ..Category: Procedural Law | Date: | Hits: 115
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only for patent error. A Court can review its judgment on the grounds available under Order XLVII Rule 1 such as, (a) discovery of new and important matter or evidence, which after exercise of due d......ed the appeal and set aside those of the trial Court. The plaintiff thereupon moved the High Court Division in Civil Revision No. 3570 of 2000. A Single Bench of the High Court Division made the rule absolute, set aside the judgment of the Court of appeal below and restored those of the trial Court...Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....s Involved: Tania Amir, Advocate‑For the Petitioner. Mosharaff Hossain, Deputy Attorney-General-For the Respondent. Writ Petition No. 5588 of 2000. Judgment Md. Joynul Abedin J.-This Rule under Article 102(2)(a) of the Constitution was issue d calling upon the respondents to show ca...... seeking to deprive the petitioner of the said tax exemption purporting to give prospective effect to clause 1 of the said SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....im and also in consonance with laws and principles regulating grant or refusal of bail and uninfluenced by any observation made in this Judgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
....der Article 103 of the Constitution is directed against the judgment and order dated 27.11.2007 passed by a Division Bench of the High Court Division in Writ Petition No. 6916 of 1997 discharging the Rule.
2. In the writ petition the listing of the case property as an abandoned property has been ......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
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Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... Md. Arayesuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both the Rules are made absolute. Cases Referred to- Mustafa Kamal Vs. Commissioner of Customs, 52 DLR......din J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both the Rules are made absolute. Cases Referred to- Mustafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1; Mohamm..Category: Fiscal/Taxation Law | Date: | Hits: 79
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