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Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....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. ...... Court also did not accept the submissions of the learned Attorney-General that, in terms of the principle laid down in PLD 1988 Karachi 99, the matter of assessment of customs duties of the goods in question be sent back to the customs authority for making assessment after hearing the respondents a...... laid down in PLD 1988 Karachi 99, the matter of assessment of customs duties of the goods in question be sent back to the customs authority for making assessment after hearing the respondents as the facts of the above case are quite distinguishable from the facts of the instant cases. 11. As ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....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.
......the instance 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......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 directed agains..
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.......s been prayed for filing appeal against the judgment and order dated 20.5.2007 passed in Civil Revision No. 3872 of 2004 by the High Court Division discharging the rule, which was issued calling in question the judgment and order dated 26.7.2004 passed in Civil Revision No. 14 of 2004 by the learn....... 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. ......n the ground that P.W.5 is maternal cousin of the plaintiffs and as such an interested witness. The High Court Division further held that the plaintiff failed to prove by any cogent evidence that the questioned documents in favour of defendants were obtained by false personation and by practicing fr......e to appeal is directed against the judgment and order dated 14.07.1999 passed by a Single Bench of the High Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declaration that the two saf k..Category: Property Law | Date: | Hits: 34
....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.
......fter 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 deeds in question could be gone into and decided......g the appeals and affirming the judgments and decrees dated 16.02.1995 passed by the learned Subordinate judge, 1st Court, Gazipur in Title Suit Nos. 25 and 16 of 1992 dismissing the suits.
2. The facts in short are that the appellants in Civil Appeal. No. 8 of 2005 i.e. Mohiuddin Khan and anothe..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....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. ......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. ......eign 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 circumstances of the cases cited and relied on by the High Court Division being distingu..Category: Fiscal/Taxation Law | Date: | Hits: 75
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. ......elled long before" and "it should be mentioned here that this petitioner, admittedly, took loan of total taka 71,27,873.19 from the plaintiff bank and the plaintiff bank filed the suit in question claiming taka 1,24,93,829.19 which is not more than 200% of the principal loan amount. So......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. ..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.......he could no claim anything more, so it is clear that Bhubon Mohan Ghosh and thereafter his successors including respondent No.7, his mother and 7 brothers and sisters have been possessing the land in question of CS. Plot No. 65, within the same boundaries. That Bhubon Mohan Ghosh transferred 1.0......peal is directed against the judgment and order dated 05.06.2008 passed by the High Court Division in Writ Petition No.3418 of 2008 rejecting the application for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property creat..Category: Tenancy Law | Date: | Hits: 214
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.......dvocate 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 the question of limitation that the suit was hopelessly barred by limitation. 6. He further submits t......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...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. ......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......y;tion for Leave to Appeal is directed against the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No.251 (P.M.) of 2005 discharging the Rule. 2. The facts of the case, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 20..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. ......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. ......those dated 23.11.1998 passed by the Assistant Judge, Sylhet Sadar, Sylhet in Title Suit No. 17 of 1996 heard analogously with Title Suit No. 103 of 1996 decreeing the suit. 2. The facts of the cases, in short, are that Babu Shailendra Kumar Purkayestha and Nogendra Kumar Purkaye..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. ......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. ......leave petition. The suit, was for a decree for permanent injunction restraining the said defendants from interfering with the peaceful possession of the plaintiffs of the suit land. 4. The facts relevant are that the plaintiffs' father Nosibullah was the admitted owner of the suit land a..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. ......as executed and registered on 24.3.1956. Mohammad Mia and defendant No.1 Khairunessa never produced the same before or at the time of execution of the partition deed Ext.’Ga’. Since a complicated question of title is involved the instant simple suit for partition is not maintainable without any ......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. ..Category: Procedural Law | Date: | Hits: 105
Islami Bank Bangladesh Ltd. & Ors. Vs. Md. Sirajul Islam, 2008, 37 CLC (AD)
....donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ......donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ......and order of the High Court Division and other materials in the paper book. The Judgment and order of the High Court Division has been passed upon due consideration of the materials on record. In the facts and circumstances of the case, we are of the view that the High Court Division has committed n..Category: Civil Law | Date: | Hits: 109
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ......ned order disposed of the Rule with the directors as above and also holding that in case of the failure of the petitioners to comply with the same the Artha Rin Adalat will make the auction sale in question absolute and take other necessary steps for delivery of possession of the auctioned proper......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ..Category: Civil Law | Date: | Hits: 191
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. ......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. ...... 14 of 1997 dismissing the appeal thereby affirming those dated 24.11.1996 of Subordinate Judge,1st Court, Kishoregonj decreeing the Partition Suit No. 51 of 1990 in preliminary form. 2. The facts of the case, in short, are that Harkumar Banik was the original owner of 0.34 acre of the lan..Category: Property Law | Date: | Hits: 99
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ......This petition for Leave to Appeal is directed against the judgment and order dated 22.02.2006 passed by the High Court Division in Writ Petition No.3675 of 1999 discharging the Rule. 2. The facts of the writ petition are that the petitioner opened Letter of Credit No.11/ WF/151899 dated ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......pearing for the respondent Nos.1-3 submitted that on proper discussion of the evidence and materials on record the trial Court decreed the suit in favour of the plaintiffs finding that the deeds in question are false, but without reversing such finding the appellate Court set aside the decree pa......tered instrument merely comparing the hand writing of the scribe inspite of the fact that subsequent documents were written after 8 years and the alive witnesses of the deed deposed supporting the facts of execution of the deeds and as such, the impugned judgment is liable to be interfered with ..Category: Property Law | Date: | Hits: 92
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ...... for payment within 15 (fifteen) days from the date of dishonour of cheque as per proviso-B of Section 138 of the Negotiable Instrument Act, 1881 and further there being no service of legal notice no question of effective demand in the eye of law is in existence and in the absence any valid demand, ......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..Category: Criminal Law | Date: | Hits: 163
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......n judgment and order dated 07-02-2008 passed by a Single Bench of the High Court Division in Civil Revision No. 5381 of 2004 and Civil Revision No. 5382 of 2004 making the Rules absolute and common questions of law being involved in both petitions, the same are disposed of by this judgment. ......o. 5381 of 2004 and Civil Revision No. 5382 of 2004 making the Rules absolute and common questions of law being involved in both petitions, the same are disposed of by this judgment. 3. The facts, leading to these petitions, in short, are that the respondent Nos.1-3 as plaintiffs filed Ti..Category: Property Law | Date: | Hits: 90
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