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University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
.... taken by the appellants with regard to the non-exhaustion of the alternative forum of appeal is not tenable in the eye of law; that Article 52 of the Dhaka University Order, 1973 provides that the provision for appeal before the Chancellor against any order of an officer or authority of the Uni......rdance with section 45(4) of the First Statutes of Dhaka University Order, 1973 but in the instant case the appellants had neither shown any grounds nor constituted any tribunal as per the relevant law. The learned Advocate further submitted that as per section 45(5) of the First Statutes of Dhaka..Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....rders on the averments which are more or less similar. 4. The common contentions of the respondents in the above writ petitions were that the above circular and orders (a) are contrary to the provisions of Customs Act, (b) the impugned orders made by the Customs authority in different Nathie...... 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 law and tried to extract money from the respondents by fixing "indicative value", is a foreign and u..Category: Fiscal/Taxation Law | Date: | Hits: 86
....the notification published in Bangladesh Gazette dated 10.04.2000, rule 7 of the said Rules were amended providing for written application for absorption and certain other matters but maintaining the provision of rule 7(2) as before. The Government took initiative to upgrade the Legislative Drafting...... of the Government and Kazi Habibul Awal, Secretary-in-charge of Ministry of Law, Justice and Parliamentary Affairs respectively having arisen from the self-same judgment involving common question of law and facts are heard and disposed of by this common judgment.
2. These two appeals are directe..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....tion of the said order no. 25 dated 4.6.2001 of the court below vide order dated 22.6.2001. The opposite party No. 7 claimed in the civil revision case before the High Court Division that there is no provision for making statutory deposit before the final determination of the share of the co-applica......r. We have also perused the provisions of section 96 of the State Acquisition and Tenancy Act. It appears that the provisions for pre-emption under the State Acquisition and Tenancy Act are a special law and specific time frame has been given for making application for pre-emption. There is also pro..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. ......avour of defendants were obtained by false personation and by practicing fraud and accordingly the court of appeal below wrongly shifted the onus on the defendants and it is the cardinal principle of law that the plaintiff must prove his case and he is not to rely on the weakness or defects of defen..Category: Property Law | Date: | Hits: 34
....ot being an enemy property, erred in law holding that the Government under Act XLV 1974 acquired the authority to execute the deed of settlement. The High Court Division upon an erroneous view of the provisions of Section 52 of the transfer of Property Act wrongly held that the purchase of the appel......n No.159 of 1989 and the High Court Division, after hearing declared that the above orders passed by the Additional Divisional Commissioner, Dhaka and the Board of Land Administration are without any lawful authority with the observation that the question of title and ownership and validity of the d..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....to set out herein below section 23 of the Foreign Exchange Regulation Act, 1947, which reads as under: "23. (1) whoever contravenes, attempts to contravene or abets the contravention of any of the provisions of this Act or of any rule, direction or order made thereunder, shall notwithstanding a...... submits that the F.I.R. having disclosed a prima facie case under section 23 of the Foreign Exchange Regulation Act, 1947 and a charge having been framed accordingly the High Court Division erred in law in making the rule absolute by quashing the proceedings. He lastly submits that the facts and ci..Category: Fiscal/Taxation Law | Date: | Hits: 75
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
....s 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 duty, tax and other c...... 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
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
....ering at all the evidence, both oral and documentary, recorded in the judicial enquiry. The learned Advocate further submitted that the High Court Division misinterpreted and misconstrued the provisions of regulation 28 (wrongly mentioned in the impugned judgment as regulation 26) of the Go......d damage of his reputation valued at taka one crore only. 3. Mr. Md. Nawab Ali, learned-Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in misreading the petition of complaint which, apart from narrating the back ground of the case..Category: Criminal Law | Date: | Hits: 116
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
.... Madrasa and stoppage of payment of salary of its teachers and employees under Monthly Pay Order (M.P.O.) scheme on the averments that the said Madrasa was established on 1.1.1968 and it was given provisional recognition on 7.10.1977 and since then it was regularly renewed. The said Madrasa has ......9 with reference to a purported inspection report of an inspection team although the said Madrasa fulfilled all required conditions. Further the writ respondent No.2 had no competence in law to cancel the recognition and to stop payment under M.P.O. scheme. 3. The writ respondent..Category: Employment/Service Law | Date: | Hits: 146
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......Court Division in Writ Petition No. 4219 of 2005 praying for a declaration that the continuation of Artha Rin Suit No. 73 of 2004, pending before the Artha Rin Adalat, Cox's Bazar, is without lawful authority and of no legal effect relying on the aforesaid grounds and that the High Cou..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......er submitted that on the basis of Arpannama dated 01.05.1914 wherein the land is under mouza Purana Paltan Line, Natun Paltan Line under Police Station Keraniganj but the High Court Division erred in law in making out a third case that the petitioner's land is Debattar Property. The learned Advoca..Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ...... The plaintiff’s husband by withholding those papers and by creating false and collusive papers managed to get the land recorded in the name of plaintiff. One Achhiya Khatun is the mother in law of the plaintiff. The documents as referred by the plaintiff are without any consideration..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454....... absolute. Hence this civil petition for leave to appeal. 5. Mr. M. Amirul Islam, the learned Senior Advocate for the petitioners submits that the High Court Division on an erroneous assumption of law of limitation concluded that in view of the above both the courts below utterly failed to decide..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......but material defects in substance of impugned judgment passed the High Court Division. The learned Advocate further submitted that the High Court Division upon an erroneous conception of law as well as of facts in discharging the Rule without any order as to cost without giving an..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ...... is hit by limitation and Section 42 of the Specific Relief Act and defendant Nos.1 and 2 as heirs of their father Rosmoy datta, were the owners in possession of the suit land; the brother in law of the plaintiff filed Title Suit No.103 of 1996 for declaration that the document is void and ..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......aced reliance upon the evidence of 3 defence witness. D.W.1 Anowar Hossain was the Attorney of defendant No.1 Azam Khan, purchaser of the suit land from the defendant No.2 he was the brother-in-law of defendant No.1. The said D.W.1 could not also state the boundary and plot number of the sui..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......al Case No.1323 of 1955. 9. Leave was granted to consider whether remand of the suit for fresh trial as a suit for declaration of title and partition for the reasons stated above is sustainable in law when there is concurrent finding of fact by the trial court as well as the appellate court below..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ...... of the sovereign to obtain revision of a judicial order must submit to the Court instead of engaging himself in setting that judicial order at naught . . . When a person seeks remedy from a court of law, either in writ jurisdiction or criminal appellate, revisional or miscellaneous jurisdiction und..Category: Anti-Corruption Laws | Date: | Hits: 211
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......e and possession in the suit property. The suit should be dismissed. 4. Mr. Tabarak Hossain, learned Advocate, appearing for the petitioner submitted that both the Courts committed error in law in treating the suit lands as the joint property of me plaintiff and the predecessor of the def..Category: Property Law | Date: | Hits: 99
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