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Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....d Advocate-on-Record appearing for the petitioner, submits that the High Court Division failed to consider that the impugned order, Annexure-E to the writ petition, did not contain any particular devouring the CRF benefit and reinstatement of the tariff value which was discontinued b......ed at Dhaka ICD (Inland Container Depot), Kamalapur, Dhaka in the last week of June,1996 and was awaiting customs clearance; that the petitioner took delivery of the shipping documents after making payment to the bank on 30-6-1996 through its C & F Agents, Messrs Azad Traders, applied t......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
.... than one, any one or more of them may be authorised by any other of them to appear, plead or act for such other in any proceeding. (2) The authority shall be in writing signed by the party giving it and shall be filed in Court". 11. On reading the provision of Order ......he plaintiffs asked the defendants to vacate the premises in suit since they are in bonafide requirement of the said premises for their own use and occupation, that the defendants defaulted in the payment of rent to the plaintiffs, that in the aforesaid state of the matter the plaintiffs served ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....t for allotment of an industrial plot and respondent No. 2 of the said writ petition and the appellant in CANo.62 of 2004 was allotted 5 kathas of land by letter dated 26-2-1995 being the southern part of Industrial Plot No. 170, Tejgaon Industrial Area, Dhaka. The said appellant (respondent No.......nd appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286/310 of SA Khatian No. 165 (Sabek) and 137(hal) of Mouza Begunbari, PS Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes, etc. but they were dispossessed therefrom illegally by 'Mastans' on 16-1......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....ate Judge (now Joint District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff that the land of CS plot ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....tition Nos. 4044 of 2004 the 20th Annual General Meeting may be allowed to be held without the agenda of election of directors after condoning the delay and that there was no wilful default on the part of the company. The learned Advocate for Bangladesh Bank, the petitioner herein, on the other ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
....prisonment for two years more. 3. Both the accused preferred Criminal Appeal No. 473 of 2002 before the High Court Division. By the impugned judgment and order the appeal has been allowed in part acquitting the co-accused Md Wafiz Mia while dismissing the appeal so far as it relates to the......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
.... during April May 2005 he saw a man selling honey and on query the man disclosed his name as Mehdhi and used to come to his shop off and on and that Mehdhi told him that he was linked with an Islamic party and through constant discusÂsion the witness also felt interested in Islamic party and seeing......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......nterest, the witness was invited to Mridha Bari situated at Rupatali Laldigir Par and he went there and found aforesaid Mehdhi along with some others and that thereafter on one occasion Mehdhi took a loan of Taka 500 from the witness and the witness in the first week of October had been to the afore..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....o him by the above banks and as a result he had to pay a sum of Taka 8,00,000 to the above banks which accrued as interest and ultimately, had to stop the construction works; so the respondent No.1, apart from getting Taka 8,00,000 paid as interest, is also entitled to get Taka 3,80,000 being the am...... B, C and D works and formal agreement in respect of Overhead Tank were executed on 14-1-1987, the respondent No.1 deposited Taka 20,00,000 as security and started the construction works and received payments of several running bills from the port authority; however, at a later stage the constructio......her rate, the respondent No.1 who in the meantime already invested huge fund in the works went on with the construction works by purchasing the materials from the market at a higher rate on arranging loan of Taka 25,00,000 from the National Bank Limited and loan of Taka 15,00,000 from BCI Bank Ltd w..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....d decrees in both the suits Writ Petition Nos. 3260 of 2001 and 3261 of 2001 were filed by the petitioner before the High Court Division. A Division Bench of the High Court Division after hearing the parties discharged the Rules. 8. Hence are these petitions. 9. Mr. Abdul Wadud Bhuiyan, learne......ich on the prayer of the petitioner was enhanced to Taka 20,56,99,094/05 in Bangladesh currency and that according to the terms of the LC the petitioner was to release the shipping documents on payment of the banks dues and that on receipt of the shipping documents the plaintiff respondent inf......ced the impugned judgment of the High Court Division and other materials on record and referring to the judgment of the High Court Division submits that BADC has been found technically liable for the loan and it was, in fact, the responsibility of the Ministry of Finance to ..Category: Business or Commercial Law | Date: | Hits: 135
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (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 CusÂtoms and Excise Department seized 300 pairs of the non-mechanically manufactured footwear’s, brought by the manufact......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Respondent Judgment April 18, 1990. Result: The Appeal is dismissed. The Excise & Salt Act (I of 1944) Section 12(A)(1) The basis of the exemption from payment of excise duty is the manufacture of footwears without the aid of any machinery or equipment......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 alÂlowed. 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 alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed 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...... 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easement act a licensee has no right to transfer the immoveable property and he has the only right to posses until full payment of premium. This condition being violated due to contract of sale of the licensed property, ......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 accordingÂly on the following day in spite of objection raised by some of the contesting candidates; particularly the respondents. The result of the election was anÂnounced 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.......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 anÂother Vs. State, 1989, 18 CLC (AD)
....e District Fishery OffiÂcer, 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......ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....y informant Bazlur Rahman and other witnessÂes 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......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..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. ...... 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 TaxÂes, 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 toÂtal income". The Appellate Tribunal focussed the point by observing— ......gh Court in the case of Commissioner of Income Tax Vs. N.M. Raiji, 17 I.T.R. 1949 (Bombay) 180. In that case the question was whether a partner's share after dissolution of the firm and exempted from payment of income tax can yet be included in the total income. Chagla, CJ obÂserved— "There......ed and the decisions of the courts below are afÂfirmed 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
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....amined carefully by the court below to make the accused only an abettor, I find it just and proper that the case be sent on remand for retrial on the evidence already on record after hearing both the parties. The Court is to write a proper judgment in the best way it deems fit and proper in the ligh......m the account of Salma-A-Nahar to the current account (No. 180) of Tofazzal Trading in Uttara Bank, Babu-bazar Branch by forging the signature of said Dr. Salma-A-Nahar in cheque No.7518676. The said payment was made for the sarees which were allegedÂly purchased by the appellant from the said Tofa......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
.... of the High Court Division are found to have given due consideration to the question as to balance of convenience and inconvenÂience, nature of the decree and submissions made on behalf of both the parties and took the view that the execution proceedings should not be stayed. We do not think that ......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......Respondent-plaintiff filed Money Suit No. 139 of 1989 in the 3rd Court of the Subordinate Judge, Dhaka, for recovery of Tk.1.91 lacs from the appellant-defendant alleging that he had taken busiÂness loan of Tk.1.75 lakhs from him promising to repay the amount, along with profit at the rate of 3%, w..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....ved, but it conferred' title on the appellant on a gratuitous finding of adverse possession in his favour, unwarranted by pleadings. This gratuitous conferment of title was uncalled for in a suit for partition where the plaintiff’s claim of title is to be looked into incidentally. If the precise t...... a non-ejectable right of tenancy was conferred upon the appellant as a non-agricultural tenant when the landlord decided not to take possession and was satisfied only with a rent decree; whether the payment of rents by the apÂpellant's predecessor, dismissed by the High Court Division as documents......f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
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