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M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....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.......e petitions. 8. Heard Mr. A. F. Hassan Arif, learned Counsel appearing for the appellant and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. Mr. A. F. Hassan Arif, learned Counsel submits that the appellant filed an application fo......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)
....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.......il petition for leave to appeal has been filed. 10. Heard the learned Advocate-on-Record and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. Since the petitioner failed to deposit the 75% of the balance auction money, the cour......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)
....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..Category: Civil Law | Date: | Hits: 90
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......claration of Title of the suit land. The plaintiff contended, inter alia, that the suit land measuring 0.01 acre appertaining to CS Khatian No. 261 and CS Plot No. 19 corresponding to RS Plot No. 313 recorded in RS Khatian No. 243 and SA Khatian No. 447 of Mouza Kourikhara, PS Nesarabad, District Pi...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..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. ...... falsely implicated in this case. 8. The prosecution examined 12 (twelve) witnesses in support of its contention and the defence examined none. The learned trial Court considering the evidences on record, found the accused Shamsul Alam and Abdur Razzak guilty of offence under sections 395/397 of ......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)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ...... দেওয়া গেল।" The learned Advocate for the petitioner then submits that under section 265C of the Code of Criminal Procedure the mandatory duty of the trial Court is to consider the record of the case and documents submitted therewith and then after hearing the parties if he consid......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......half of the complainant petitioner, submits that the learned Session Judge has allowed the appeal reversing the judgment of conviction and sentence without proper consideration of the evidence or record and, as such, he has committed an error of law occasioning failure of justice. He submits tha......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....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. ......ay." 7. From the plain reading of the section it appears that the Magistrate has discretion to adjourn that hearing of the case if it is so warranted for some reasons or other. It appears from the record that on several occasions i.e. 18‑12‑2001, 29‑3‑2001 and 28‑2001 the complainant ......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)
....he said provision which, is as follows: "77. Protection of action taken under this Act.- (1) No suit, prosecution or other legal proceeding shall lie against any person or anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder." ......Attorney‑General‑For 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 Los......ional Sessions Judge or an Assistant Sessions Judge or a Metropolitan, Magistrate or a Magistrate of the First Class." 6. It may be added that by Ordinance III of 1987 restriction of length of service of the Judges to become Special Judges has been removed. The main thrust of the submission o..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. ......an first information report lodged by PW1 Md Lokman Hossain, the police has started a case against the accused persons and submitted charge-sheet against them after concluding investigation. The case record has eventually been sent to the learned Sessions Judge for trial where a case has been regist......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)
....n 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 acquittals are always good regardless of justice to victim and community demand especial emphasis in contemporary context ...... the offence against accused-appellants beyond all reasonable doubt? ii) Whether conviction awarded and sentence imposed upon accused-appellants can be sustained on legal evidences, materials on record, fact and circumstances of the case and also, in safe dispensation of criminal justice? ii......minal Appeal. The appellants shall be hereinafter referred to as accused-appellants. 35. Awarding of conviction and imposition of penalty upon accused‑appellants have been assailed pressing into service four (4) branches of contentions. 36. The head most contention pressed into service is th..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......ned Additional Attorney‑General submitted that the petitioner on test basis has filed this writ petition without any merit as such the Rule is liable to be discharged. 8. We have perused the records, the affidavits, affidavit in‑opposition, and the impugned annexures and heard the submiss......on also recommended some changes, but at this stage the Government dropped the idea of passing any law for amalgamation of various posts in Customs but passed the impugned Act in the name of changing service terms and conditions under Article 133 of the Constitution (vide Annexure‑'C' to the writ ..Category: Employment/Service Law | Date: | Hits: 116
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....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. ......rged 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 defect of the suit. According to the learned Counsel there being no ob......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
....petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
......petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
......petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
..
Category: Property Law | Date: | Hits: 58
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......ing the material allegations made in the plaint and claimed that the plaintiff had no right, title, interest and possession in the suit land. 3. The trial court on consideration of the evidence on record by judgment and order dated 25th June, 1995 decreed the suit. Defendant petitioner thereupon ......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39...Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id 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: 55 DLR (2003) 250.......ty and an application was made by it to the NBR in the prescribed form for such exemption within 180 days from the date of commencement of its commercial production pr operation. It is noted from the record that the petitioner company was incorporated in 1986 under the Companies Act, 1913 to carry o......id 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: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....enjamin Cardozo: "The Judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knighterrant roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic......de through judicial pronouncements but scope and law of Anticipatory bail have been set out. In State Vs. Abdul Wahab Shah Chowdhury and another 51 DLR (AD) 242=4 MLR (AD) 291 an observation has been recorded by Appellate Division in the terms that since there is a Law Commission in Bangladesh the m......at the affidavit had been the Product of forgery and Notary Public learned Advocate and Magistrate, First Class would be parties to the acts of forgery. 45. The ground and Contentions Pressed into service from the side of the petitioner that the criminal proceeding against the petitioner has been..Category: Criminal Law | Date: | Hits: 79
....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.
......d Aftab Uddin, a Demand Note holder as licensee under the Government to and occupy the case holding. The Court of Settlement on perusal of the Government file and on consideration of the materials on record submitted by the writ petitioner rejected the prayer for release by the impugned judgment and......nistry of Works and Urban Development, Government of Bangladesh and others reported in 59 DLR (AD) 165, wherein it has been held that the listing of the property as an abandoned property even without service of notice as per provision of Ordinance No. 54 of 1985 will be lawful and that the decree th..
Category: Property Law | Date: | Hits: 54
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......ding against them. It further appears that the learned Magistrate without making a formal complaint by himself or of some other public servant to whom he is subordinate, took cognizance of offence by recording an order that the petitioner and others despite service of notice for removal of the obstr......istrate without making a formal complaint by himself or of some other public servant to whom he is subordinate, took cognizance of offence by recording an order that the petitioner and others despite service of notice for removal of the obstruction, disobeyed the direction and thereby they have viol..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......he facts and in the circumstances of the case the learned Taxes Appellate Tribunal is justified in treating BRAC “wholly charitable organisation” in so far as it is not engaged in dispensing free service”. iii) Whether on the facts and in the circumstances of the case the learned Taxes Appe..Category: Fiscal/Taxation Law | Date: | Hits: 99
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