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QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......e petitioner company to pay charge rates as per Tariff Item No. 4-1-1 of the Schedule of Charges published in Bangladesh Gazette Part VI on 10-1-1991 shall be declared to have been passed without any lawful authority, arbitrarily, malafide and void and why the respondents shall not be directed to re..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......assed by the respondent No.4 and subsequent notices dated 8-6-79 under the signatures of respondent No.3 in connection with LA Case No.127/61-62 should not be declared to have been passed without any lawful authority. 2. Common question of law seems to be involved in all the Rules, we, therefore,..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......cused appellants under section 25B of the Special Powers Act as there is absolutely no evidence against them and the continuation of the proceedings should be an abuse of the process of the court and law for which this appeal should be allowed after setting aside the impugned order. Accordingly, ..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......12-97 in File No. CEVT/Case/ (CRF) Review-Chatta- 07/97 relating to the cancelling of CRF by the Review Committee, Chittagong vide order dated 28-7-97 should not be declared to have been made without lawful authority and of no legal effect. 2. The petitioner is the proprietor of Shariff and Broth..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......aka (Arms-Section) issued under the signature of the Additional Deputy Commissioner (General), Dhaka, as evidenced by Annexure “B” to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner was holding the revolver and a doub..Category: Others | Date: | Hits: 105
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......eding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the petitioner as per Annexure K. 2. The facts so far as it is necessary to determine the point of law are that the petitioner is a Government Servant and he has been in service for 27 years and serv..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......cause as to why the impugned order vide Annexure C (I) issued by the respondent No.2 vide letter No. Shilpa/Shinish/I/FF-6/81 (Part-5) 53 dated 9-3-97 should not be declared to have been made without lawful authority and of no legal effect and/or unconstitutional and in violation of the petitioner..Category: Others | Date: | Hits: 95
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......ant Wahid Meah and accused Monnaf, since dead. He further stated that appellant Abu Jamal, appellant Wahid and late accused Monnaf are men of same house. Accused appellant Nannu Mia is the brother-in-law of appellant Abu Jamal and Wahid and he resides in their house as ‘Ghar Jamai’ (son-in-law) ..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......his title in the suit land. 9. The learned Advocate for the opposite parties submits that the learned Subordinate Judge while passing the impugned ex parte order dated 10-6-1989 evidently erred in law in allowing the appeal and in setting aside the judgment and decree passed by the trial Court on..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......rred his said properties in favour of the defendant No.4, the alleged revocation of the gift by a deed of conciliation registered on 11-11-1982 allegedly by defendant No.3 was illegal and without any lawful effect, ‘consequently the deed of sale (Exhibit 4) did not confer any right, title or inter..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......ill show the complicity of the three petitioners in the conspiracy to kill the four political leaders, who lost their lives in the safest of all places in the country where human life is protected by law and ensured by security from the state. He submits that there is every chance of the petitioners..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......confessional statement recorded by the Magistrate was recorded on a foolscap paper and it did not bear any endorsement as is required under section 164 of the Code and the statement is not tenable in law and the confession is no confession in the eye of law. (iii) In the First Information Report ..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......erned. We are, therefore, of view that the Rule has become infructuous. Petitioners may however pray for bail from the Court below which will be at liberty to consider their prayer in accordance with law. In the result, the Rule is discharged. Bail granted to the petitioners is recalled. They are..Category: Criminal Law | Date: | Hits: 33
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......scribed under section 409 of the Penal Code committed by the public servant is one of the schedule offences of the Criminal Law Amendment Act 1958 and, as such, only the Special Judge is empowered by law to try such cases under section 5 of the Criminal Law Amendment Act 1958 and, as such, the proce..Category: Criminal Law | Date: | Hits: 62
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......rketed the products without making any communication with or reference to the BOI and, as such, the registration was liable to be cancelled and the respondent No.1 has cancelled it in accordance with law, for, the condition No. 3 of the registration letter was a condition-precedent for the petitione..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......ional statement of accused Babul Miah were voluntary and true. This judicial confessional statement of accused Babul Miah which has been marked as exhibit 11 has also been recorded in accordance with law. It is a well settled principle of law that the confessional statement of an accused if voluntar..Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......nt and order dated 9.11.2006 of the High Court Division passed in Civil Revision No. 3747 of 2002 making the Rule absolute. Since the facts of the above cases are more or less similar the question of law involved are also same and both the petitioners are heard together and disposed of by this judgm..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......nce and materials on record, we do not find any cogent reason to interfere with the decision of the High Court Division, which appears to have been based on materials on record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismi..Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ...... has been filed by certain greedy person in the name of the plaintiffs and that many of the named plaintiffs are fictitious persons and that the suit land vested in the defendant No.1 by operation of law following acquisition of title by the government on the basis of an agreement dated 23.02.1977 a..Category: Property Law | Date: | Hits: 58
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......he High Court Division dismissed the claim of pre-emption on the ground of maintainability of the petition and in that view of the matter, the learned Single judge of the High Court Division erred in law in interfering with the judgment of the Court of Appeal blow allowing pre-emption. 5. There i..Category: Property Law | Date: | Hits: 54
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