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Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....r then it is called "dead weight". The scrap vessel is dutiable item as per Customs Act on the basis of LDT and not on the basis of dead weight of the vessel. The scrap vessel is classified under its proper heading No. 89.08 and other movable and consumable goods are classified under their respectiv...... Division (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Didarul Kabir (Md)...............................Petitioner Vs. Commissioner of Customs and others………..….Respondents Judgment August 7, 2001. Lawyers Involved: Dr. M.......mits that the petitioners have purchased the vessel in question in auction sale and therefore, the petitioners are entitled to pay customs duties on the vessel itself and the customs authority most illegally and without jurisdiction assessed the customs duties on the vessel as well as on some other ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... he stated that no offence was committed by Mahadeb and he did not record his statements. He further stated that Mohadev Babu could be trusted. He denied the suggestion as not to investigate the case properly in order to save Mohadev from the case. 22. It has been noticed by us that the appellant......Attorney‑General with Shamim Ara‑Dora, Assistant Attorney‑General‑For the State. Criminal Appeal No. 968 of 1999. Judgment Abdul Awal J.- This Appeal is directed against the Judgment and order dated 19‑4‑1999 passed by the Special Tribunal No. 1, Narshingdi, in Special Tribunal ......part of the prosecution to secure arrest of Mahadeb, the real owner of the goods. In such manner PW 8 allowed the real culprit to escape from the case and the appellant was made scapegoat without any legal evidence in order to save Mohadeb. 10. Mr. Moula further submits that the appellant was a c..Category: Criminal Law | Date: | Hits: 43
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....her hand, submits that the impugned order of dismissal is a self-contained complete order without any reference to the approval of the Board and the learned Courts below having concurrently found, on proper appreciation of the evidence on record, that the impugned order of dismissal is patently, ill...... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......stant Judge, Narayanganj being Title Suit No. 91 of 1989, for declaration that order No. 63 dated 11-9-89 dismissing the plaintiff from the post of the Assistant Teacher, Narayanganj High School is illegal, collusive and without jurisdiction and he is still an Assistant Teacher of the said School al..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....sion and obtained this Rule. 6. At the hearing Mr Khurshed Alam Khan, the learned Advocate for the petitioner, submits that there has been no mention in the judgment of both the courts below about proper observance of the mandatory provisions of section 342 Cr.P.C. He contends that one 342 Cr.PC ......t down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......n or in petition of complaint that she told those witnesses or others about the demand of dowry from her by the accused. So, evidences of P.W 2-5 on the demand of dowry are hearsay evidence having no legal value. Sole evidence of P.W. 1 on the point has not been corroborated by any other witness. Sh..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ss in Dhaka with a foreign-exchange licence dated 5th September, 1972 under the Foreign Exchange Regulations Act, 1947. The petitioner company has its branches in different cities of Bangladesh under proper and valid authorities. Until 31st December 1975 head office expenses which include actual adm......ion (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J American Express Bank Limited……Petitioner Vs. Chairman, National Board of Revenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: ...... of the said proceedings as evidenced by notices of respondent No.3 dated 16-7-1998 (Annexure-k, k1, k2, k3, k4, and k5) shall not be declared to have been made without any lawful authority and of no legal effect. 3. Facts relevant for disposal of the Rule are, that the petitioner a banking insti..Category: Fiscal/Taxation Law | Date: | Hits: 132
....alienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.”
7. We do not see any viol...... Original Jurisdiction)ar
Present:
Syed Amirul Islam J
AKM Shafiuddin J
SA Coconut Mills Ltd…….……………Petitioner
Vs.
Government of the People’s Republic of Bangladesh and Others………. Respondents
Judgment
August 23, 2001.
Cases Referred to-
Talekhal ......9-1997, Annexure “D” to the writ petition and the letter dated 14-8-2000, Annexure “D 1” to the writ petition should not be declared to have been passed without any lawful authority and of no legal effect, The Rule was also in terms as to “why the respondents should not be directed, to iss..
Category: Fiscal/Taxation Law | Date: | Hits: 108
....s denying the truth of the allegations of threat. On enquiry it was found that some cases were also filed by some of the witnesses of the Session case in question on the allegation of threat and upon proper investigation by the authority concerned the allegations were found false and in some cases, ......pecial Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
M A Aziz J
Borhan Uddin (Md), Advocate………………………..Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents
Judgment
June 29, 1999.
Case Refe......f Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh (Annexure-D) should not be declared to have been made mala fide and without lawful authority and is of no legal effect.
2. The case of the petitioner, briefly, is as follows:
The petitioner is an Advo..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....bank increased the cash credit limit to Taka 4.00 lac but at the same time they deducted the IDA credit amount already received by the plaintiff resulting in the plaintiff’s failure to run the mill properly. When the plaintiff prayed for further amount the defendant bank wanted hypothecation of th......se is also Reported in: 52 DLR (HCD) (2000) 75.......o demanded further security though the entire project was under the security and mortgage with the bank the value of which is over Taka 50.00 lac. It is the case of the plaintiff that the bank most illegally realised IDA credit amount from the cash credit amount though these are under two separate a..Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....l authority and of no legal effect and why they should not be directed to develop the same vacant space as a park and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioners, inter alia, is that the then Government of erstwhile East...... Case is also Reported in: 55 DLR (2003) 1. ......n 12, Mirpur Housing Estate under Police Station Pallabi, Dhaka into residential plots, community centre and police station should not be declared to have been made without lawful authority and of no legal effect and why they should not be directed to develop the same vacant space as a park and/or s..Category: Environmental Law | Date: | Hits: 259
.... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72.......sion
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Muzammel Hossain J
Shah Dairy Products Limited………………Petitioner
Vs.
Commissioner, Customs, Excise and VAT Chittagong and others………………Respondents
Judgment
June 7, 1999.
Cases Re...... VAT/Shah Dairy/96/1313 dated 16-6-98 and File No.4th/A(12)2/VAT/Budget/98/3404-7 dated 18-6-98 (Annexure-’F’ series) shall not be declared to have been made without any lawful authority or of no legal effect.
2. Learned Advocate for the petitioner after placing the petition and other materia..
Category: Fiscal/Taxation Law | Date: | Hits: 93
....rity and is of no legal effect.
2. The petitioners in the application under Article 102 (2) (a) (i) of the Constitution of the People’s Republic of Bangladesh has contended, inter alia, that the property appertaining to JL No. 82, SA Khatian No.70 and Plot No.554 relating to an area of 0.09 acr......so Reported in: 52 DLR (HCD) (2000) 67.......) rejecting the case and its publication in the official gazette dated 23-9-86 at page 9762(16 1) at Serial No. 81 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The petitioners in the application under Article 102 (2) (a) (i) of the Constitu..
Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ...... Bangladesh, Represented by the Secretary, Ministry of Education, People's Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka…………….Petitioner Vs. Md. Moazzem Hossain Bhuiyan and Others……………………The Respondents Judgment December 17, 2009. Lawyers Invol......mstances of the case and having regard to the facts that the President of the 2nd Ad hoc Governing Body was not nominated by the Board, as required by the Regulation, 2009, and thus was ex facie an illegal appointment. 8. We have considered the leave petition, impugned judgment and order and the ..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....e respondent No. 2 should not be declared to have been made without lawful authority and to be of no legal effect and/or such other of further order or orders passed as to this Court may seem fit and proper. 2. The petitioners, namely, Dr. Abeda Begum, Dr. Md. Borhanuddin Howlader, Md. Faizur Rah...... Ed. This Case is also Reported in: 59 DLR (2007) 182. ......oner, from the notice bearing No. BASAKAKA-Pa Ni: Shakha dated 256-2003 (Annexure A) issued by the respondent No. 2 should not be declared to have been made without lawful authority and to be of no legal effect and/or such other of further order or orders passed as to this Court may seem fit and p..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....nd directions of this court. The right of the petitioners to have allotment of plots in advance, for rehabilitation purpose are benefits that arise out of the land, and, as such, benefit is immovable property and such right is an inalienable right of the petitioners to the property. Despite notice g......and). Ed. This Case is also Reported in: 59 DLR (2007) 178.......delivered in Writ Petition No. 2885 of 1998 of the petitioner No. 1 and judgment of other writ petitions were also delivered thereafter (Annexure A-A6). It has been contended that although it was the legal obligation of the respondents to make advance allotment of plots before acquisition but it has..Category: Property Law | Date: | Hits: 34
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....-Q to the writ petition should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioners' case is that one Md. Mujtaba Siddique, son of late Mustafa Siddiq......s Case is also Reported in: 59 DLR (2007) 173. ...... of Settlement, Dhaka in Case No. 377 of 1995 (Kha-72: Block 'D', Mohammadpur, Dhaka), Annexure-Q to the writ petition should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....vice of the plaintiff in this bank was guided by principle of master and servant Section 42 of the Specific Relief Act provides that any person entitled to any legal character, or to any right to any property, may institute a suit against any person denying, or interested to deny, his title to such ......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J AVP, Uttara Bank Ltd. ............Petitioner Vs. Shahabuddin Khan and others...………Opposite-Parties Judgment June 27, 2006. Cases Referred T......ant No. 3 for declaration that the order of dismissal of the plaintiff-opposite party No.1 from the service vide Memo No. HO/ADMN/DD/91/6-B dated 5-1-1991 issued by the petitioner-defendant No.3 is illegal, malafide, inoperative and without legal effect and that the plaintiff-opposite party No. 1 is..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....ittee as notified in the Bangladesh Gazette dated 4-2-1997 by the respondent No. 2, Banking Division (Annexure E) and/or such other or further order or orders passed as to this court may seem fit and proper. 2. To appreciate the points that have been canvassed before us, it will be convenient to ......rt High Court Division (Special Original Jurisdiction) Present: MH Haider J Farah Mahbub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged w......ntention raised by the learned Advocate is that the respondent bank instead of complying with the said recommendation dated 29-9-1992, vide Annexure 'B’ instituted a mortgage suit which is wholly illegal and without lawful authority. 6. The third and last contention being posed by the learned A..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....al lies and if such Court appears to have committed any error of law resulting in an error in such order occasioning failure of justice, and revise such order and make such order as it thinks fit and proper. In the case before me, second Joint District Judge was appointed the Election Tribunal at Sh......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abul Kalam (Md.).............Petitioner Vs. Md. Habuluddin and others…………Opposite-Parties Judgment February 19, 2007. Cases Refer......ult, the election petitioner on 26-5-2004 made an election petition being Election Petition Case No. 1 of 2004 before the Election Tribunal at Sherpur on the allegations of various corrupt and/or illegal practices. Elected member opposed the petition by filing a written objection denying all the a..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....it No. 77 of 2000 for a preliminary decree of Tk. 85,66,535/- and in case of failure to pay the decretal amount, for passing a final decree for recovery of the decretal amount by selling the schedule property. The respondent No. 2 is a financial institution and was established under the Banking Comp......nstructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Court Division in Writ Petition No.10926 of 2006.) ......r the above circumstances, the plaintiff bank wrote letter to the defendants requesting them to make payments' of the installments and on 20th July, 2000, the plaintiff bank through its lawyer sent a legal notice but no positive step was taken by the defendants. The amount of unpaid outstanding loan..Category: Civil Law | Date: | Hits: 78
....assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 194....... 194.......ard to grant necessary permission to Matrai Model College of the respondent and refusing to declare the impugned orders granting permission to Matrai Science and Technical College of the petitioner illegal to avoid hardship and dislocation in the process of acquiring and imparting education to the s..
Category: Others | Date: | Hits: 92
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