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NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....e basis of the aforesaid two SROs issued by the Ministry of Finance and Planning. 5. In its writ petition the respondent company alleged that on 2.6.83 some personnel of the Customs and Excise Department seized 300 pairs of the non-mechanically manufactured footwear’s, brought by the manufact......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
.... Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the land, encouraged the ......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....p; 8) Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appellants. Mahfuzur Rahman, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For Respondent No. 1. Ex-parte—Respondent Nos. 2-3. Civil Appeal No. 33 of 1986. (From the judgment and order dated 1......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....om Bajra Paschimpara Dakhil Madrassa to Bojra Paschimpara Maktab in Bazra Union. Polls were taken accordingly on the following day in spite of objection raised by some of the contesting candidates; particularly the respondents. The result of the election was announced and it was going to be publ......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...Category: Election Law | Date: | Hits: 163
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....e District Fishery Officer, nor did he claim the disputed fishery—Bhajandhi to Nilakhi—on the basis of the lease-deed, but he claimed it under a subsequent lease granted to him by the Revenue Department. Defence of the accused Fishery Officer, who executed the lease-deed, Ext.4, on behalf of t......ery of the Lease-deed Ext.4, complaint-petition was filed by P.W.2 before the Deputy Commissioner on 6 September 1983 whereupon P.W.6 held enquiry and submitted his report on the basis of which the investigation was started by the police. R.D.C. P.W.6 says that by a letter dated 4-9-83 he asked th..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....y informant Bazlur Rahman and other witnesses started beating Alimuddin. On getting information Alimuddin's brother appellant Abed Ali and his other companions went there and resisted the informant party. As a result there was a scuffle between the parties and it was not known by whose blow the vi......of the two victims and then sent the dead bodies to the morgue for post-mortem examination through constables. Appellant Abed Ali and other accused were arrested from their houses. On completion of investigation Police submitted charge sheet against the accused persons under sections 302/34 of the..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....mpose, may, by notification in the official Gazette, exempt any goods imported into, or exported from, Bangladesh or into or from any specified port or station area therein, from the whole or any part of the customs duties chargeable thereon." 11. Plain reading of section 19 shows that the ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
..... The Appellate Joint Commissioner in his order observed: — "In view of the fact and legal position stated as above the Act is directed not to include income from salary with the other parts of the total income". The Appellate Tribunal focussed the point by observing— ......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
....ng the ground that the result-sheets submitted by the Presiding-officers were unauthorised documents containing interpolations, etc. The learned Judges of the High Court Division, after hearing the parties, made the Rule absolute in respect of one Centre and discharged the Rule in respect of t...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..Category: Election Law | Date: | Hits: 152
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....he plaintiffs. Defendant No.1 appeared in the suit and filed written objection against the prayer for temporary injunction of the plaintiff on 15.02.2003 and the trial court after hearing the parties vacated the order of ad-interim injunction. Being aggrieved the plaintiff petitioners ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....er father and started a criminal case against the defendant No.4 and some others and they were convicted, but were acquitted by the appellate Court and at that stage trouble arose between the parties over the possession of the land of schedule 'Ka' 'Kha', and 'Ga', that at the instance......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
.... America and that thereafter he did not keep any connection with Sharmin Hasnat Nelly and in the month of November 2001 it was circulated in the media that aforesaid Sharimin Hasnat Nelly participated in the blue-film and the said blue-film was also circulated in the web site and on que...... and on the basis of the aforesaid FIR, Ramna P. S. Case No. 28 dated 09.01.2002 was started under Sections 9(1) and 10 read with Section 30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and after investigation charge sheet was submitted accordingly and the case being sent for trial t..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......ried her and after marriage the petitioner along with his inmates used to demand dowery from her and subsequently the accused respondent drove her out of the house for the cause of dowry. The investigation agency, after investigation, submitted charge sheet against the accused respondent an..Category: Procedural Law | Date: | Hits: 100
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....n 241A if the Code of Criminal Procedure. The accused petitioners preferred Criminal Appeal No. 2381 of 1998 before the High Court Division. A Division Bench of the said Division after hearing the parties dismissed the appeal and hence is this petition. 3. In support of the petitioner Mr. ......away by force and took her towards Adhunagar High School on a microbus and on the basis of aforesaid First Information Report, Lohagara Police Station Case No.2 dated 05.01.1995 was started. After investigation charge sheet was submitted on 30.4.1995 against the petitioners and others under Sect..Category: Criminal Law | Date: | Hits: 42
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
.... Amirul Kabir Chowdhury, J.- The delay is condoned. Falzul Kader Chowdhury Second party in a proceeding under section 145 of the Code of Criminal Procedure being petitioner prefers ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
....ved: "The evidence as adduced by both the prosecution and the defence is enough to show that the victim girl P.W. 2 willingly went with the accused appellant as a consenting party and that is why there was no hue and cry, no resistance put up by the victim girl and t......ssore. Md. Salahuddin (PW.1) father of the victim lodged First Information Report on the basis of which Uttara P.S. Case No.32 dated 13.03.2000 was started against the accused respondent and after investigation charge sheet was submitted. The case being sent for trial, the learned Judge, Nari-O-..Category: Criminal Law | Date: | Hits: 34
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....shy;ted against the petitioner and three others under Sections 406/468/468/471/109 of the Penal Code on 16.05.1999. The case being sent for trial the learned Metropolitan magistrate heard the parties and by order dated 20.01.2002 framed charge against the accused petitioner under Sections 4......t/ misappropriation. 3. On the basis of the aforesaid First Information Report Ramna P. S. Case no. 11 dated 05.12.1993 was stated under Sections 406/467/468/471/109 of the Penal Code. After investigation charge sheet was submitted against the petitioner and three others under Section..Category: Criminal Law | Date: | Hits: 57
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
....ourt Division dated 27.11.2002 was received by the Tribunal on 06.03.2003 and on 09.06,2003 two witnesses were produced by the prosecution out of whom P.W.1 the informant has been examined in part and on 24.08.2002 four witnesses were produced by the prosecution and cross-examination of P.W......h near her house for water and that then suddenly the petitioner appeared there and pressed her mouth and took her to nearby sugarcane field and raped her against her will and that the police after investigation submitted charge sheet against the petitioner under section 1191(1)of Nari-o-Sh..Category: Criminal Law | Date: | Hits: 41
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... order dated 4.6.1996 passed by a learned Single Judge of the High Court Division in Civil Revision No. 3283 of 1991 (Dhaka) / (Civil Revision No. 128 of 1990 (Barisal) making the Rule absolute in part, thereby setting aside the judgment and decree dated 9.9.1990 passed by the Subordinate Judge,...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....3. The suit was filed stating, inter alia, that the land in suit was owned by plaintiffs father Osman Khan who died leaving two sons, one of whom is the plaintiff and a daughter, that upon amicable partition amongst the heirs of Osman Khan plaintiff got the land in suit and possessing the same, ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
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