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Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....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. ......ile in respect of the instant consignment bearing No. 5 CUS (804) Import/ICD Group-2/96 on bill of entry No. 05564 dated 30-6-1996 and by his order dated 3-7-1996 affirmed and approved the earlier decision of the customs authority ICD, Kamalapur, Dhaka for assessment of the customs duty of the i..Category: Fiscal/Taxation Law | Date: | Hits: 126
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ing in the post and confirmation in service. 13. In the circumstances, we are of the view that the High Court Division upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismi..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....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. ......r chance of being heard. The further case is that the land of the writ petitioners was allotted to the appellant in CA No. 62 of 2004 (Wega Fashion Sweater Pvt Ltd) by altering Government's earlier decision. The further case is that one Mrs. Madlena D Rozario purchased the land from the CS record..Category: Property Law | Date: | Hits: 37
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... 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. ...... for the Directors of the company to continue as Directors taking advantage of the above orders of stay dated 24-1-2004, inasmuch as if the company continues with more than 13 directors and if the decisions of the High Court Division dated 20-1-2004 are overturned then all the actions of the Boa..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., 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. ......a while dismissing the appeal so far as it relates to the appellant. Hence is the appeal. 4. Leave was granted to consider the submission that the High Court Division committed error in the decision ignoring the fact that out of 15 witnesses, none, including the informant and the victim h..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....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. ......ing part of the statement of the accused petitioner in his examination under section 342 of the Code of Criminal Procedure cannot be the basis of conviction. In this connection he has referred to the decision in the case of Shah Alam vs State 1990 ELD (AD) 25. It appears that the facts are absolutel..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ...... situation the respondent No.1 had no other alternative but to stop the remaining works and the High Court Division having dismissed the appeal affirming the concurrent findings of facts as above the decision of the High Court Division does not call for any interference. 8. As it appears, the pla..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......er in the writ petition or in these petitions before us nothing has been mentioned what prevented the defendant-petitioner from preferring the appeal as provided by law. 17. In this connection the decision in the case of Zahirul Islam vs. National Bank Limited and others reported in 46 DLR (AD) 1..Category: Business or Commercial Law | Date: | Hits: 135
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....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. ......oppel, waiver and acquiescence. Accordingly, the Misc. case was dismissed. On appeal, the learned Additional Subordinate Judge, 1st Court, Sylhet, by judgment and order dated 1.9.82, affirmed the decision of the trial Court and dismissed the appeal. 4. The pre-emptor then went in revision bef..Category: Property Law | Date: | Hits: 47
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....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.......andidates—the respondents—on a common ground that there was no mala fide on the part of the Returning Officer in changing the polling stations, that the Returning Officer did not alone take the decision to change the polling stations but he acted on the advice of the local administration i..Category: Election Law | Date: | Hits: 163
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts to giving approval ..Category: Employment/Service Law | Date: | Hits: 98
Abed Ali Vs. State, 1990, 19 CLC (AD)
....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. ......resent case had occasion to consider the question of delay (of 2 years and 7 months) sitting in another Bench in the case of Nowsher Ali and others Vs. The State reported in 39 DLR (1987) 57. All the decisions cited before us except 38 DLR 188 were considered in that decision. In accepting the Refer..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... 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. ...... from denying such position. 16. Mr. Rafique-ul-Huq cited number of decisions such as BLD 1981 (AD) 91, AIR 1968 (SC) 718, AIR 1979 (SC) 621 and BLD 1981 (AD) 91. He has further relied upon the decision of PLD 1970 (SC) 379, PLD 1960 (SC) 310, PLD 1987 Karachi 63 and PLD 1977 Lahore 1327. Mr. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....m the assessment year 1971-72." 10. Mr. Moksudur Rahman has rightly contended that the controversy in question rests primarily on the terms of the President's Order No. 21 of 1973. Little legislative history is necessary. The High Court of Bangladesh was established by P.O. 5 of 1972 dat...... 6. The High Court Division took the view that the salary income and other allowance which are exempted from the Income Tax cannot be legally added in the total income. The learned Judges noticed a decision of the Bombay High Court in the case of Commissioner of Income Tax Vs. N.M. Raiji, 17 I.T.R..Category: Fiscal/Taxation Law | Date: | Hits: 111
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......decessor, dismissed by the High Court Division as documents not creating any title, is an unchallenged evidence of the appellant's possession, especially when these are the basis of the trial Court's decision on adverse possession and when the trial Court's finding on adverse possession is undistu..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....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; ...... be held that Izzatullah Chowdhury never intended to make "any bonafide and real transfer by the kabala Ext.1 in favour of his foster son Tofazzal Hossain". On the aforesaid findings and decisions the trial court held that "neither Tofazzal nor the plaintiffs acquired any bonafide..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......ount of the compensation money to the petitioner. 7. In view of the above position "we do not like to proceed further against the condemners". 8. We find that the above decision of the High Court Division is based on correct interpretation of law and we do not fi..Category: Property Law | Date: | Hits: 33
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... 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. ......lenged the said order in Title Suit No. 152 of 1969 in the Third Court of Munsif, Patuakhali with a prayer for permanent injunction against the plaintiff. The suit was dismissed on contest and the decision was upheld in appeal upto the High Court Division. After the disposal of the appeal the pl..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......RDB) now Bangladesh Rural Development Board (BRDB) in 1973; that he had to his credit commendable service records; that his wife took a loan of Tk.72,000/- from the Sonali Bank, Savar Branch as per decision of the concerned authority and she duly repaid the loan and the fact of repayment was..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ...... relief to the petitioners in respect of Tk. 2,00,22,000/- admittedly received by respondent Nos. 1-4 from the petitioner No. 1 in Order to for the share in the company and also in not giving any decision on the alleged forfeiture of the share of petitioner No. 2 as alleged by the respondent N..Category: Banking Law | Date: | Hits: 185
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