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Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....nding, inter alia, that the learned Senior Assistant Judge was perfectly justified in passing the impugned order and it does not suffer from any illegality or legal infirmity occasioning failure of justice so as to justify interference by this Court exercising revisional power. 9. In view of th...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ...... Joynal Abedin (Md) ......................................Petitioner Vs. Gurupada Chakraborty and others...................Opposite Parties Judgment November 20, 2002. Case Referred to- Anath Bandhu Guha and Sons Ltd. Vs. Babu SS Halder @ SS Dey, 42 DLR (AD) 244. Lawyers Invo...... 10. I have carefully gone through the impugned order as well as other materials on record. It appears that the learned Senior Assistant Judge duty considered all material aspects of the case and the law bearing on the subject and passed the impugned order on assigning cogent reasons. 11. Sectio..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Salim (Md)……………………………………………………..Petitioner Vs. Commissioner of Customs and others ………….Respondents Judgment July 7, 2003. Case Referred to- Mustaf...... hesitation to say that the impugned order for assessment of the customs duty on the basis of tariff value, which was 1.4508 at time of the invoice value, is arbitrary, illegal and not sustainable in law. 13. With regard to the maintainability, we find the very constitutionality of the notificati..Category: Fiscal/Taxation Law | Date: | Hits: 78
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.......irrelevant inasmuch as even if it is retrospective it cannot be applicable to a dead law which is notification No.33. 14. In such view of the matter we find no substance in these appeals which are accordingly dismissed. However the authority concerned may consider to give benefit if any to the ap...... M M Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/S. OK International................................Appellant (In all cases) Vs. The Commissioner of Customs & others ..............Respondents (In all cases) Judgment March 19, 2009. Lawyers....... In such view of the matter the question whether notification dated 4th of June, 1998 is retrospective or; not is irrelevant inasmuch as even if it is retrospective it cannot be applicable to a dead law which is notification No.33. 14. In such view of the matter we find no substance in these app..Category: Fiscal/Taxation Law | Date: | Hits: 86
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. ......he ex-officio secretary of the school Management Committee and, as such was in charge of the accounts of the said School but he did not place accounts before the Management Committee for approval and accordingly by notice dated 15.01.2004 the Head Master was asked to submit the accounts of the schoo......ul Islam, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 8. (Appeared with the leave of the Court) Not represented-Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.1162 of 2008. (From the judgment and order dated 30.09.2007 passed by the High Court......espondent No.5) directing to take necessary step for reinstatement of Md. Habibur Rahman (Dismissed), Head Master of Shaistabad Moazzem Hossain High School, to his post should not be declared without lawful authority and of no legal effect. The Rule has been discharged by their lordship of the High ..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....plaintiff. He finally submits that the Subordinate Judge erred in law in not staying the proceedings of the suit and referring the matter to the Tribunal of the MCCI, which has resulted in failure of justice. 6. Opposing the Rule, the plaintiff has filed an affidavit‑in‑opposition. Mr. Rokanu......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..........Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment April 8, 2002. Result: The Rule is made absolute with costs. Cases Referred to- Damodar Valley Corporation Vs. KK Kar, AIR 1974 SC 158; Ms Bindra Builders Vs. Delhi Developm...... statement. The Corporation has also referred further claim upon which a notice in case No. G‑5 of 2002 was already issued upon the plaintiff. He finally submits that the Subordinate Judge erred in law in not staying the proceedings of the suit and referring the matter to the Tribunal of the MCCI,..Category: Alternative Dispute Resolution | Date: | Hits: 245
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. ......cate for the petitioner, Mr. Chandi Charan Paul, being unable to be present in Court due to his illness, his friend Mr. Sadananda Rana, learned Advocate, sought permission to move on his behalf and I accordingly, allowed him to make submissions of behalf of the petitioners. 3. The brief facts rel......an Ali J Chand Mia and others ..............................Petitioners Vs. MA Rajput Ghosh Bahadur & others.............Opposite Parties Judgment March 11, 2002. Cases Referred to- Ibrahim Sk and others Vs. Janab Sk alias Janab Ali Sk & others 29 DLR 81; Chaganty Katar...... impugned order was pleased to reject the said application on the grounds that the plaintiff has sought correction of the plaint after 35 years from the date of the decree, which is not acceptable in law and is beyond the jurisdiction of his Court. Thus he rejected the application, which is now chal..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. ......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. ...... Present: Md. Abdur Rashid J S Rahman Miah J Shamsul Alam and another...................Appellants Vs. State................................................Respondent Judgment October 30, 2002. Jail Appeal No. 198 of 1999 and Jail Appeal No. 2040 of 1999. Judgment Sid......d by some of the witnesses and his signature in the report dated 6‑4Â-1994 is marked exhibit 2/1. This witness in his cross examination deposed that TI parade was conducted as per the provision of law. 22. PW12 Md. Zafor Ullah was OC Baskhali on 16‑12‑1993 when he filed the case as per the..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. ......€‘1998 but from the charge framed by the trial Court (Annexure‑D) it appears that in the charge framed against 3 other accused the date of occurrence has been recorded as 8‑7‑1998 and therefore according to him, the aforesaid charge on the face of it appears to be erroneous and, as such, shoul...... Kabir Chowdhury J Md. Nizamul Huq J Abdur Rahman Kha (Md).........Petitioner Vs. State...................................Opposite Party Judgment January 19, 2002. Cases Referred to- Kanhaiya Vs. Kashi Nath Tewari and others, 1979 Criminal Law Journal 409 (Allahabad); Thakur ......d framing of charge against the remaining three accused in Sessions Case No.10 of 2000 should not be set aside and the charge framed on 20‑4‑2000 should not be amended/modified in accordance with law. 2. The Petitioner as informant lodged a first information report with Rajapur Police Station..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......rkshop, Chittagong. Thereafter, on 24‑4‑2002 he purchased the chassis and wood and moreover, spare parts worth Taka 1,50,000 and gave the same to Moktar Mistry for making the truck. Moktar Mistry accordingly, gave him a bill of Taka 33,000 as his charge for making the truck. He was short of mone...... Md. Khurshid Alam Khan, Advocate-For the Accused-Petitioner. Sanjib Kanti Chowdhury, Md. Moklesur Rahman Zahid, Advocates‑For the Opposite-Party No. 2. Complainant. Ireen Mahbub, Assistant Attorney-General-For the State. Criminal Miscellaneous Case No. 11011 of 2003. Judgment Md. A......d the same which is the basis of the complaint/FIR and, as such, the impugned order being not based on any papers as to the claim made by the opposite party No. 2 informant and not in accordance with law is liable to be quashed. He further submits that the FIR, in fact, does not disclose any offence..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....has allowed the appeal reversing the judgment of conviction and sentence without proper consideraÂtion of the evidence or record and, as such, he has committed an error of law occasioning failure of justice. He submits that the findings of the Session Judge about the 2nd marriage are totally errone......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.......haled J Salma Masud Chowdhury J Rezia Khatun…………………..Petitioner Vs. State……………………………….Opposite Party Judgment March 13, 2004. Case Referred to- Abdul Hamed Mollah Vs. Ali Mollah 44 DLR (AD). Lawyers Involved: Khurshid Alam Khan, Ad...... the learned Session Judge has allowed the appeal reversing the judgment of conviction and sentence without proper consideraÂtion of the evidence or record and, as such, he has committed an error of law occasioning failure of justice. He submits that the findings of the Session Judge about the 2nd ..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. ......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. ......Morshed..............................Petitioner Vs. City Bank Ltd. and others...........Opposite Parties Judgment January 19, 2004. Result: The Rule is discharged. Cases Referred to- Hasibul Bahar Vs. Gulzar Rahman and another, 11 BLT (AD) 149 = 56 DLR (AD) 17; Md. Manzur Ala......earned Metropolitan Magistrate, Dhaka. 3. Mr. Mahbubey Alam, the learned Counsel appearing on behalf of the petitioner, firstly, submits that the petition of complaint is not tenable in the eye of law as it was filed by the attorney of the Bank. He secondly, submits that the provision of section ..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......awal and, as such, this objection appears to be premature and so has no leg to stand. 9. Before we part with, it may be added that, the court is required to exercise judicially the function of according consent for withdrawal of any accused from prosecution and the consent should not be given...... Md. Mostan Billah……………….Petitioner Vs. State……………………………………………….Respondents Judgment March 11, 2002. Cases Referred to- Tashinuddin Talukder Vs. State 25 DLR 174; Sreemati Prativa Rani Dey Vs. Dr Md Yusuf 2000....../461/468/491/109 of the Penal Code read with section 5(2) of Act II of 1947. After investigation chargeÂsheet was submitted against the accused petitioner and others, under the aforesaid sections of law. Charges have been framed against the petitioner and others under sections 420/109/468/109/471/1..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. ......was observed: The combined effect of sections 133 and 114, illustration (b) may be stated as follows: According to the former, which is a rule of law, an accomplice is competent to give evidence and, according to the latter, which is a rule of practice, it is almost always unsafe to convict upon his......Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitthulal and another Vs. State of Madhya Pradesh AIR 1975 SC 149; Md Hossain Omar Cosra Vs. ......e statement of PW2 on the basis of which he has been granted pardon is a purely self-exculpatory statement and in that view of the matter, the learned Additional Sessions Judge has committed error of law in treating PW 2 as an approver in the case. In support of his contention he has cited some deci..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....nviction awarded and sentence imposed upon accused-Âappellants can be sustained on legal evidences, materials on record, fact and circumstances of the case and also, in safe dispensation of criminal justice? iii) Whether fortune shall smile upon accused-appellants on a verdict of acquittal upon ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......rul Huq J SM Hossain J Babul Sikder and others........................Appellants Vs. State represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Ch......y Judgment must be read as applicable to the particular facts proved or assumed to be proved since the generality of the expression which may be found there are not intended to be exposition of whole law but governed or qualified by the particular facts of the case in which such expression occurs. W..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....2 for securing the purpose of the impugned Act and that the transfer of the petitioner as Inspector, in place of Appraiser is a demotion without any departmental proceeding and a violation of natural justice. He has further submitted that in the Schedule of the impugned Act (Act XX of 2000) the post......n. He has further submitted that under Article 133 of the Constitution Government is empowered to regulate the appointment and conditions of services of the persons in the Service of the Republic and accordingly, by Act XX of 2000 Government has changed the Terms and Conditions of the Services of th.......................................Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD......and Conditions Act, 2000 (Act XX of 2000) should not be declared to be ultra vires of Articles 133 and 136 of the Constitution of the People's Republic of Bangladesh and, as such, illegal and without lawful authority and why the impugned order No. 7(2) Shu: Va: ProÂ3/2000/613 dated 20‑8‑2000 as..Category: Employment/Service Law | Date: | Hits: 116
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....aw in not deciding the right, title and interest of the parties in the suit land. Learned Counsel further contended that as the High Court Division did not enter into the merit of the matter, ends of justice demands that the matter should be remanded to the High Court Division for fresh decision. ......elow since the order of review of lower Appellate Court was without jurisdiction. We find no illegality 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........ Muzammel Hossain J Surendra Kumar Sinha J Md. Abdur Rashid Akand…………………………Petitioner Vs. Md. Raisuddin and others .....................Respondents Judgment October 6, 2010. Case Referred To- Chhajju Ram Vs. Neki, AIR 1922 P.C.112. Lawyers Involved: ...... 4. Mr. Awlad Ali, learned Counsel appearing for the petitioner contended that the plaintiff having not challenged the order of review in the higher forum, the High Court Division committed error of law in not deciding the right, title and interest of the parties in the suit land. Learned Counsel f..Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of BanglaÂdesh 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.......petitioner company started its commercial operation as an undertaking providing physical infrastructure facility in spite of its clause (2) giving prospective effect to such recognition, inasmuch as, according to the learned Advocate, any other interpretation would have the effect of frustrating the......a Nath, AIR 1955 (Cal) 581; Income tax Officer, Alleppey Vs. I MC Pon-noose and others, AIR 1970 (SC) 385; 53 CWN 596; AIR 1989 SC 501; Hansraj Vs. Dave, 1969 SCR 253; Nowab Gazzi Vs. Assistant Collector, AIR 1965 Audh 218. Lawyers Involved: Tania Amir, Advocate‑For the Petitioner. Moshar......r of the petitioner to allow the said tax exemption to the petitioner as contemplated under section 46A of the Income Tax Ordinance, 1984 should not be declared to have been issued and passed without lawful authority and is of no legal effect. 2. The fact, as briefly stated, is that the petitione..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....that the criminal proceeding which is being or has been launched against him is being or has been taken with an ulterior motive, political or otherwise, for harassing the accused and not for securing justice in a particular case. The only other case where the prayer may also be considered may occ......irectly affects the freedom of movement of a person arrested. An order of bail gives back the accused that freedom on condition that he would appear to take his trial. The effect of granting bail is, accordingly, not to set the prisoner free from jail or custody but to release him from custody of la...... Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referred To- Nagendra Vs. King Emperor, AIR 1924 Cal 476; G Narasimhulu Vs. Public Prosecutor, 1978 Cri LJ 502 = AIR 1978 (SC)429; State Vs. Abdul Wahab Shah Chowdhury and another, 51 DLR (A......bail' is release of a person from the custody of police and delivery into the hands of sureties, who undertake to produce him in Court whenever required to do so. An accused person is said, at common law, to be admitted to bail, when he is released from the custody of the officers of the court and i..Category: Criminal Law | Date: | Hits: 79
....or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or it has acted malafide or in violation of the principle of natural justice in the absence of any such conditions the interference by the High Court Division itself bec......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) 161.
Lawyers Involved:
M. I. Farooqui, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 934 of 2008.
(From the judgment and order dated 27.11.2007 passed by the High Court......ers 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 through which the writ petitioner alleged to have got the sale deed execu..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ...... value the international market price of a particular imported item has either gone down or has gone up to an extent which is significantly higher or lower than the impugned fixation of tariff value, according as the writ petitioner’s case is. If there are no such materials in the writ petition it...... Court High Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both......ties. Writ Petition No. 2293 of 1994 with Writ Petition No. 2261 of 1995. Judgment Kazi AT Manowaruddin J. - These two Rules have been heard together as the facts are alike and the points of law involved are same and these shall be disposed of by this common Judgment. 2. Facts stated in ..Category: Fiscal/Taxation Law | Date: | Hits: 79
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