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Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)

....mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division.  Accordingly the petition is dismissed.  Ed. ......ty at the time of entry of the petitioner into Bangladesh through the Zia International Airport. The demand for return of the goods was made by the writ-petitioner while he was leaving Bangladesh but prayer for return of the goods was refused.  3. Facts, in short, are that writ-petitioner..

Category: Others | Date: 5 Mar, 2003 | Hits: 114

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

....t ask for any "Sanad" as per section 6 of the Act and, as such, the question of giving Sanad does not arise. 7. He has further argued that the respondent did not avail of the equally efficacious alternative remedy, by way of appeal, to the Chancellor of the University under section 6(5) of the ......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD

....awnee to sue upon the debt or promise does not exclude or destroy his right to sell the pawn. The Pawnee’s rights to sue upon the debt or the promise or to sell the pawn are concurrent, and not alternative, rights". He has also referred to the case of Jiwan Das and another vs. Sahu Sarju ......ealisation of the amount due from the pawnor and that to sell or not to sell the pledged goods is the option of pawnee and, as such, neither the pawnor is competent to come before the. Court with the prayer to direct the pawnee to sell he hypothecated goods and that to make his prayer to the court t..

Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112

Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).

....emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ...... Ahmed pre-­emptee on August 24, 1981. This sale has been sought to be pre‑empted by Abdul Gafur's sons claiming to be co‑sharers of the, land.   3. The prayer for pre‑emption was opposed contending, inter alia, that in the light of the decree in ..

Category: Property Law | Date: 21 Jan, 2003 | Hits: 81

Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).

....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ......ody for an indefinite period as under section 339C(4) of the Code of Criminal the appellant is entitled to be released on bail and that the High Court Division failed to consider while refusing the prayer for bail that the appellant has been suffering from enlarged  prostate gland and proble..

Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123

Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

....ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......er father." 11. Mr. TH Khan, the learned Counsel appearing for the appellants, submits that the instant suit for partition simpliciter is not maintainable without a prayer for declaration that the Exhibit Ga is not a genuine document. We notice that both the courts..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......ary injunction for his continuance as a distributor till date.   7. Mr. Rafique‑ul‑Huq, the learned Counsel appearing for respondent No. 3, referring to the prayer in the plaint for a decree against defendant restraining defendant Nos. 1 and 2 from dealing ..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).

....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ....... Therefore, it is a necessary and proper party to be added. The application was opposed by the plaintiff‑respondent Union Bank Ltd and the learned Subordinate Judge rejected the petitioner's prayer to be added as a party on the ground that if it was made a party it would create unnecessar..

Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....ice upon the writ-­respondents on 30‑7‑1998 to withdraw/rescind/cancel the impugned order dated 12‑11‑1995 but since no action was taken on the notice and having, no other alternative remedy the writ petitioner moved the High Court Division.  3. The petitioner......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)

.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......he plaint of the second suit stating that on the same pleadings, the cause of action, the suit land, and the parties being same the second suit is barred. The learned trial Court while rejecting suit prayer of the defendant held that the second suit is not barred by any law, against which the defend..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198

Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......1988 of the 3rd Court of Subordinate Judge, Dhaka which arose out of an award between the company and the Power Development Board. On the objection of Tofayel Ahmed, the then Managing Director, their prayer was, however, refused as the question whether the respondents continued to be shareholders of..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

....iyan............Respondent   Judgment November 4, 2002.  The Code of Civil Procedure, 1908 (v of 1908), Section 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent pow......s not conferred the power to review its own judgment or order upon the Tribunals and consequently the Appellate tribunal was perfectly justified and acted within its legal limits when it rejected the prayer for vacating the final order passed on 2‑11‑2000 dismissing the appeal for non&sh..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....n that the situation differs from that which was taken for granted at the time of hearing of the appeal or the petitions for leave to appeal the decision in a review petition may be different. But no alternative situations were presented before us at the hearing of the review petitions. On the other......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......nd hence question of arbitration does not arise. The learned Counsel further submitted that the High Court Division suo motu referred the dispute to the tribunal for arbitration in the absence of any prayers to that effect and thus exceeding its jurisdiction in passing the impugned judgment. 7. ..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).

....94 though any irregularity or illegality in publishing and conducting the auction sale could be decided by the executing Court and not in writ jurisdiction and the petitioners instead of availing the alternative and efficacious remedy as provided by the Code have directly come before this Court by w......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......against the impugned order dated 6‑9‑1999 passed by the Cruelty to Women and Children (Deterrent Punishment) Special Tribunal, Chittagong, in Special Tribunal Case No.146 of 1997 rejecting the prayer of the accused appellants for discharging them under section 241A of the Code of Criminal P..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)

.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......e, of the aforesaid Homeland Footwear Ltd. immediately, wherever it is situated and report compliance within 8(eight) weeks from the date of receipt of the drawing up of the order. However, on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of ..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......enied that the accused appellant was falsely implicated in the case for the 2nd marriage. 10. Md. Jalal Mollick as P.W.3 deposed that he heard about the incident on 21‑5‑1999. After the Magrib prayer he heard that the accused persons went away after a scuffle. He also heard that the accused p..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)

....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed.  Ed. ......asmuch as the said Plot No. 331 is situated about one mile away from the existing school; that, as such the plaintiffs were compelled to file the said suit for permanent injunction  along with a prayer for temporary injunction on the ground that if the existing school is shifted from the Plot N..

Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206

State Vs. Harish, 2002, 31 CLC (HCD)

....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......submits that the accused voluntarily surrendered before the Court of Magistrate when he learnt about his false implication in the case and subsequently he was taken to police custody on remand on the prayer of Investigating Officer and was produced before the court of Magistrate under the circumstan..

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89