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Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)

....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......tance and by amicable partition with defendant Nos. 41 to 135. 3. Case of the plaintiff respondents, inter alia, is that the land of the 1st schedule appertaining to 2514/531. Thakur Das Taluk was recorded in chak No. 33 of Thak No. 3906 of Mouza Sandishail. The said schedule land was owned by Md......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ..

Category: Property Law | Date: | Hits: 33

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......ranted to con­sider the submission. 7. We have heard Mr. Mahbubey Alam, learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. Mr. Md. Ali Akand, learned Deputy Attorney General appeared for the respon­dents. ......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..

Category: Property Law | Date: | Hits: 37

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

.... Heba-bil-Ewaz being deed No.37889 dated 24.11.1980 to his daughter Shamsun Nahar (defendant No.1). Imamuddin Dewan died on 02.04.1985 at the age of 93 years. In later part of 1980 he was not keeping good health and his memory was failing. So he could not use his discretion. He suffered for about 6 ......7. Leave was granted to consider the above submissions. 8. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the appellate court being the last court of fact rightly held that......owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..

Category: Property Law | Date: | Hits: 33

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......he appellant and Mr. Abdul Wadud Bhuiyan, the learned Counsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 12. It appears that the court of settlement rightly held that whereabouts of Manzur A......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)

.... not find any legal infirmi­ty   in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ......difications. 6.  We have heard Mr. M.A. Wahab, the learned Counsel for the petitioners and perused the impugned judgment of the Administrative Appellate Tribunal and other connected papers on record. 7. The Administrative Appellate Tribunal held that the Divisional Electrical Engineer...... 2. Short facts as placed before the Administrative Appellate Tribunal, Dhaka are that the petitioner Md. Zillur Rahman joined in the Bangladesh Railway on 25.1.67. At the end of his tenure of service life he retired from the service on 5.1.2002 as usual while he was serving in the Syedpur Ra..

Category: Employment/Service Law | Date: | Hits: 67

Commissioner of Customs, Customs Excise and VAT, Chittagong & others Vs. Talha Tex Pro Limited, 2008, 37 CLC (AD)

....red under H.S. Code-No.3809.91 for the purpose of customs classification and on arrival of the said consignment, the customs authority on receipt of the shipping documents took sample of the imported goods in bottles on 23.09.1999 and examined the same at the customs laboratory. As per report, the g......writ petitioner. 4. We have heard Mr. M.A. Azim Khair, the learned Deputy Attorney General for the petitioners and perused the judgment of the High Court Division and other connected papers on record. 5. The High Court Division held that on examination of sample of the imported goods b...... High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 65. ..

Category: Fiscal/Taxation Law | Date: | Hits: 253

Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)

....pted the numeral 00661 with "National" as the composite trade mark and applied for reg­istration of the said numeral before the Registrar of Trade Mark on 7.9.2000 in Class 2 and that allured by the good will and reputation of their composite Trade mark numeral, the petitioner subsequently adopted ......sing off and not in a case of the present nature and further the business address of the concerned industry may be changed from one place to  another  and   such  changes may  be entered in the record maintained by the Register of Trade Marks by filing f.M.3 application read with section 47 of......ality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ..

Category: Intellectual Property Law | Date: | Hits: 211

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....া’ are not synonymous and as such both can not be placed on the same footing in view of the legal terminology in the Customs Act and the PSI Order, that PSI Agency is not engaged in surveying the goods and as such the PSI Agency is not includable in the organization like 'জরিপ সংসà......amin and Abul Hossain Vs. A. B. Khondkar and others 16 DLR, 486. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neagi, Advocate with him) instructed by Ahsanullah Patwary Advocate-on-record-For the Appellant No.1 (In all the cases.) Fida M.Kamal, Additional Attorney General, Inst......alized from the bills of the PSI Agencies. 4. The writ petitions were filed more or less with the common contentions, that PSI Agencies  were  appointed by the Government to  render service outside Bangladesh and that VAT being levyable for service rendered in Bangladesh hence PSI ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)

....onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......itioner has filed this petition for leave to appeal. 5. Heard the learned Advocate and perused the petition and the impugned judg­ment and order of the High Court Division and other papers on record. 6. It appears that the Court has allowed the prayer for audit by the Investment Board......onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ..

Category: Others | Date: | Hits: 94

State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......or a period of 6(six) months. 3.  Heard the learned Additional Deputy Attorney-General for the petitioner and the learned Advocate appearing for the respon­dents and perused the materials on record. 4.  The respondents are the named accused in the case filed on FIR No. 05/278 dated ...... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ..

Category: Others | Date: | Hits: 81

Anti-Corruption Commis­sion Vs. Sigma Huda and another, 2008, 37 CLC (AD)

....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......Commission has filed this petition for leave to appeal. 8. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the High Court Division has correctly followed the observations ma......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ..

Category: Anti-Corruption Laws | Date: | Hits: 143

Anti-Corruption Commis­sion Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)

.... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..

Category: Anti-Corruption Laws | Date: | Hits: 186

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......n opinion regarding his appointment and forwarded the same to the Syndi­cate to take a final decision. He then received impug­ned letter issued by the respondent No. 2 stating, inter alia, that the service of the respondent No.1 was no longer required i.e. his service has been ter­minated in acco..

Category: Employment/Service Law | Date: | Hits: 68

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

....d at the leave stage.—After the bills of entry were presented considerable time has elapsed. The prayer of the appellants made at this belated stage to allow them to deter­mine normal value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of la......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......ned Counsel and Kamrul Islam Siddique, learned Advocate appearing for the respondent No. 1 and perused the petitions and the impugned judgment and order of the High Court Division and other papers on record. 8. The main contention of the appellant in Civil Appeal No.111 of 2008 is that reservatio......-7 of the said Rules provided for absorption of Officers of Judicial Service in the Legislative Drafting Wing on their option and particularly rule-7(2) provides that any person once absorbed in this service shall not be allowed to go back to his previous service. By the notification published in Ba..

Category: Constitutional Law | Date: | Hits: 207

Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26........ 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26........ 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...

Category: Property Law | Date: | Hits: 63

Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......e learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division it appears on consideration of the materials on record and the judgment of the courts below found that the plaintiffs had clear knowledge of the imp......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......nd A.J. Mohammad Ali, the learned Counsel appearing for the respondent Nos.1-4 in both case and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. Mahmudul Islam, the learned Counsel submits that the appellants having prayed for decl......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

.... Tribunal try­ing any such contravention may, if it thinks fit, and in addition to any sen­tence which it may impose for such contravention, direct that any curren­cy, security, gold or silver, or goods or other property in respect of which the contravention has taken place shall be confiscated. ......ng completed investigation submitted charge sheet on 5.7.2007  under section 25(B)(2) of the Special Powers Act read with rule 19 (Neo) of the Emergency Power Rules, 2007. 5. Thereafter, the case record was trans­mitted to the Metropolitan Special Tribunal No.1, Dhaka for trial and it was regis......there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)

....he duty on the basis of Tariff value pursuant to notification No.67/99 Customs  dated 01.02.1999 is arbitrarily and has no objective basis and does not reflect the fair price of the imported goods in the international market and as such the impugned judgment is liable to be set aside that ......he fundamental rights of the petitioner to carry business as guaranteed by Article 22 of the constitution and as such, the impugned judgment is liable to be set aside. 4. It appears from the record that as per provisions of Section 30 of the Customs Act the importer is liable to pay the d...... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ..

Category: Fiscal/Taxation Law | Date: | Hits: 125