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Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....e plaintiffs application under Order 39 rule 7 CPC. 5. The High Court Division held that Order 39 rule 7 CPC applies only when the subject matter of the suit is in possession of the other party. An inspection can only be ordered when it is connected with detention or preservation of the......od condition. Five new machines to be imported by the respondents were in the pipeline. Out of 18 vehicles, 14 were in running condition. Plaintiff No.1 deposited 25% of the purchase money as down payment and executed an agreement on 7- 4-84, clause 18 of which provided that the possession will ......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....qually efficacious. Where writ petitioner had already availed of the alternative remedy writ petition was not maintainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer......sity Women’s College which got the allotment on 13-7-83. Thereafter in pursuance of the order to sell the property the said college accepted the offer of the Government and upon making a part payment of the consideration money amounting to Taka 1,16,979.20 have been possessing the same. It ......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
.... 48 DLR(AD) 199. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record— For the Appellants in all appeals. Ex parte—the Respondents in all appeals. KS Nabi, Attorney-General—Amicus Curiae. ......d in the said notification and obtain release of the goods in question. He made a representation to the Chairman, National Board of Revenue, respondent No. 3, on 15-3-90 praying for exemption from payment of additional duties and taxes leviable on the said consignment on the basis of the enhance......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ......he terms of the lease the petitioner used to pay rent direct to the Government, the real owner of the disputed stalls. The learned Advocate further submits that in view of the admitted position of payment of monthly rent by the petitioner to the Government, the respondents have no legal authorit...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....said SRO from the proper authority of the Board of Investment. It is important to remember that the condition for availing the benefit under the said SRO is that the importation of machineries and parts must be with the approval of competent authority for the establishment of industry or for bal......ing medicine, with foreign collaboration (Dutch and German) imported entire machineries from West Germany which arrived at the Chittagong Port all by 7-2-1991. The company availed of the benefit of payment of customs duty at the rate of 10% ad valorem and of exemption from payment of sales tax a......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....de of Civil Procedure, 1908 (V of 1908) Order XXI, rule 26 Execution of a decree can not be stayed after disposal of the appeal on the plea of pending contempt proceedings connected with the parties and the property in dispute………….(5) Lawyers Involve......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ..Category: Others | Date: | Hits: 74
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....n of the auction purchased land on 8-12-62 by beat of drum and since then they have been possessing the land by personal cultivation. After taking delivery of possession the plaintiff by amicable partition with proforma defendant No.2 got the suit land and have been in exclusive possession of t...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....al without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in the facts and circumstances of a particular case. If it is found that the accused had suffered a considerable part of the sentence i......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....or the appellant, submitted that he would not utter one word in defence of the appellant except saying that the appellant was ill advised himself from the beginning in making the impugned report in particular against the Judicial Officers specially when his appeal against his own conviction was ...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ellip;……………..(41) The Special Powers Act, 1974 (XIV of 1974), Section 2(f), 3(1) (a) By talking to BBC that he would start election campaign for his party soon and that he had no regrets or excuses the detenue committed no crime or illegality and t......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... The Town Improvement Act, 1953 (Act No. VIII of 1953), Sections 79 & 93A The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisitio...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the share of Md Siddique Jamal, father of the respondent, and Ibrahim Siddique Jamal who bequeathed the said property to the respondent. He had since been possessing the same personally occupying a part thereof and the rest through his tenants. The property was requisitioned by the Deputy Commis......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..Category: Property Law | Date: | Hits: 73
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......k and others ……….Respondents Judgment August 10, 1999. Result: The petition is dismissed. The Bank Companies Act, 1991 (XIV of 1991), Section 17(1) Consequence of default of payment by the directors- Directorship of the defaulter loanee is vacated on the expiry of the perio......t 10, 1999. Result: The petition is dismissed. The Bank Companies Act, 1991 (XIV of 1991), Section 17(1) Consequence of default of payment by the directors- Directorship of the defaulter loanee is vacated on the expiry of the period of two months notwithstanding the subsequent reschedul..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
.... Rahman CJ.- This appeal by the Government of Bangladesh by leave is against the judgment and order dated 7-7-1997 passed by a Division Bench of the High Court Division making the Rule absolute in part in Writ Petition No. 345 of 1991. 2. The short fact relevant for disposal of the appe......udgment June 1, 2000. The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fine or extra-duty in full then it can be said that the petition has no equally efficaci......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
....is shop that his brother Alamgir lying near Mirpur Bus Stand No.1 in bleed injured condition Thereafter informant went there and found many people surrounding the victim. Thereafter a police patrol party came there and took away the victim along with PW 4 to Dhaka Medical College Hospital where ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....reconvey the land was fraudulently inserted in the deed; and that the suit for redemption of mortgage was not maintainable as in view of Presidents Order No. 88 of 1972 the transaction between the parties became a past and closed transaction. 6. Leave was granted to consider the followin...... Transfer of Property Act contemplates mortgage by conditional sale wherein it has been clearly laid down that where the mortgagor ostensibly sells the mortgaged property on condition that on such payment being made buyer shall transfer the property to the seller, the transaction is a mortgage b......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..Category: Property Law | Date: | Hits: 64
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
.... answered the interrogatories on the date fixed. 2. The plaintiffs’ application for striking out the defence was ultimately taken up for hearing on 17 November 1996. After hearing the parties the learned Subordinate Judge rejected it, holding that the requirement of Order 11, rule 8......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ..Category: Procedural Law | Date: | Hits: 97
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....y, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: The appeal is partly allowed. The Constitution of Bangladesh, 1972, Article 134 Article 152(1) The judici......2-99 on the conclusion of the hearing on 30-11-99 in the following terms: “The appeal is partly allowed without any order as to cost. The direction of the High Court Division with regard to payment of salary and other benefits will continue. Judgment containing directions, orders, observ......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....n (5) of section 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.………………........pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......er 9, rule 9 in the cases under the Act. 5. At the same time, under sub-section (2) of section 6 of the Act it is provided that for setting a side an ex parte decree the defendant who is a loanee will have to deposit half the decretal amount or furnish bank guarantee therefor. 6..Category: Business or Commercial Law | Date: | Hits: 104
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....disclosed by the respondent No.1 in the impugned order directing the appellant to refrain from performing the functions of the Managing Director the same was arbitrary exercise of discretion on the part of the respondent No.1 and High Court Division erred in law in not holding so and discharging ......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......pection report and the report and recommendation of the Standing Committee. It may be mentioned that an inspection report was submitted by two officers of the Bangladesh Bank on 14-12-96 regarding loan account of MIS. Marshall Services maintained in the principal branch of the Arab Bangladesh Ba..Category: Business or Commercial Law | Date: | Hits: 116
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