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M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....9 all dated 16.09.1999 the respondent No.2 directed adjustment TK. 1,315 i.e. 25% ad valorem duty, 15% supplementary duty and 4% flood surcharge on the supplementary duty as per the current budget provision vide order dated 16.09.1999 in the back of the Bills of Entry under the Finance Act, 1999......d cement is an essential item for construction of building toward a complete life and is not a luxury item and as such, imposition of supplementary duty on ordinary Grey Portland cement is without lawful authority being ultra vires to Section 7(1) of the VAT Act; that inclusion of Grey Portland ..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. ......g the registered deeds of gift. The High Court Division without materials on record treated the same as joint possession traveling beyond the revisional jurisdiction and thereby committed error of law in passing the impugned judgment which warrants interference of this Court; that the defendant'..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. ......filed under section 138 of the Negotiable Instrument Act, 1881, holding that the complainant failed to file the case within the stipulated period and the learned Magistrate failed to appreciate the law of limitation and has illegally framed the charge against the accused persons and that the accus..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. ...... 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. 3. The fact..Category: Property Law | Date: | Hits: 90
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
.... case against him and at no stage of the proceeding a warrant of arrest order of attachment was served upon him. It is the principle of law that a trial in absentia can be held upon exhausting the provision regarding Gazette Notification and publication to that effect in a Bengali Newspaper as r......er Md. Akhlas Hossain was totally unaware of existence of the case against him and at no stage of the proceeding a warrant of arrest order of attachment was served upon him. It is the principle of law that a trial in absentia can be held upon exhausting the provision regarding Gazette Notificati..Category: Criminal Law | Date: | Hits: 126
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
.... an error in decision occasioning failure of justice and as such the impugned judgment and order is not tenable in the eye of law. He further submits that the plaintiff did not comply the mandatory provision of Section 152 of the Pourashava Ordinance, 1977 in filing the suit against the Pourashav......sp; Case No. 123 of 1993 on 04.08.1993 against the said judgment and decree passed ex parte against him before the trial Court stating, inter alia, that the summons of the suit was not lawfully served upon him and the plaintiff obtained the decree ex parte against him in collusion w..Category: Procedural Law | Date: | Hits: 143
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......30.07.2003 passed by a Division Bench of the High Court Division in Writ Petition No.1613 of 2003 making the rule absolute declaring the impugned order dated 10.11.2002 to have been passed without lawful authority and directing the writ-respondents to give the work order and licence to the writ-..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
.... on probation for only one year. This was done in recognition of the fact that the respondent had previously served for over a period of 12, years in different colleges as a teacher; that there is no provision in the University Statute to suspend an officer who is to be terminated during the probati......exure B to the writ petition clearly shows that the respondent was suspended for drawing disciplinary proceeding under the University Statute-8. It was mandatory provision in Regulation-8 of the said law that a formal charge be framed and the delinquent officer has to be given at least ten working d..Category: Employment/Service Law | Date: | Hits: 118
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......dditional District Judge observed that the plaintiff respondent sought for two declarations which have no objective standard of valuation and that the learned Assistant Judge committed no error of law in not acceding to the objection of the defendant petitioner. 5. Being aggrieved and diss..Category: Employment/Service Law | Date: | Hits: 104
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....lands which were exclusively owned and possessed by the father of the petitioner have been wrongfully included in the schedule of the partition suit rendering the suit not maintainable and that the provision of section 4 of the Muslim Family Laws Ordinance, (Ordinance No.VIII of 1961) 1961 has wr......siduaries as against his daughter inheriting half of the land left by Late Abdul Hakim Chowdhury and that the Wasiatnama is invalid under Muslim Law of Bequest and the settlementnama is invalid in law as it intends to partition the suit land in future after the death of the executant. 6. ..Category: Property Law | Date: | Hits: 97
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....ate, 1st Class and Cognizance Court 'KA' Anchal Khulna and in course of hearing of the said application Mr. Golam Mohammad Chowdhury, learned Deputy Attorney General pointed out before this Court the provision of Section 19 Gha of the Jaruri Khamata Bidhimala 2007 as amended by S.R.O. No. 30-Ain/200......appeared jointly before this Court and prayed for deferring the delivery of judgment on the ground that they had received specific instruction from the learned Attorney General to the effect that the law namely the provision of Rule 19Gha as referred to above, was going to be amended shortly. In vie..Category: Criminal Law | Date: | Hits: 101
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....d thus the case ought to have been held to be barred by law of limitation. He lastly submits that in any view of the matter considering the facts, attending circumstances, materials on record and the provisions of law the preemption case is liable to be dismissed. 7. We have heard the learned A......tion for leave to appeal by the petitioner. 6. Mr. A.Q.M Shafiullah, the learned Advocate for the petitioners submits that the courts below as well as the High Court Division committed an error of law in allowing the preemption case in failing to consider that the application is bad for defect of..Category: Property Law | Date: | Hits: 61
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
....im amount and that the Artha Rin Adalat by its Order No. 44 dated 25.10.2005 rejected the application observing that examination of the witnesses are being in progress and that the provision for sale of the pledge goods before filing of the suit was not in the Artha Rin Adalat A......ed order it appears that the learned Judge of the Artha Rin Adalat has rejected the prayer of the defendant for selling out the alleged pledged goods considering the facts and the provisions of law as discussed above and thus it acted within the bounds of law and as such the impugned order c..Category: Civil Law | Date: | Hits: 152
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
.... Artha Rin Adalat Ain had no power to entertain the application of the appellant invoking Section 57 of the Artha Rin Adalat Ain as such power under Section 57 is only available when the other provisions of the Ain are not exhaustive. In this case after the certificate issued under Section ...... Rin Adalat Ain and the decree attained its finality. The judgment debtor shall have no right to redeem the said mortgaged property and as such the judgment of the High Court Division is bad in law and is liable to be set aside. He further submitted that the High Court Division manifestly er..Category: Property Law | Date: | Hits: 106
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....nts did not cause any delay in completing project. Therefore the petitioners who are responsible for the delay must pay for the compensation. Interest has also to be given complying with the provision of Arbitration Act, 2001 on the basis of bank papers. We find no substance in thes......ground that the same filed by a person who was not a party to the arbitration agreement. It was also stated that the claim of the respondent No.1 was exaggerated and was not in accordance with law. It was further stated that the respondent having a quoted a price of Tk. 33, 61, 46, 298..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....tested by the defendants by filing written statement denying the material averments made in the plaint and stating, inter alia, that the suit was barred by limitation and that also hit by the provision of sections 10 and 11 of the code of Civil procedure. The specific case of the defendants......division in revisional jurisdiction and obtained the Rule. The High Court Division on consideration of materials on record observed that the Courts below upon wrong assumption of fact and law have held that the suit was barred under the provision of section 11 of the Code of Civil Proce..Category: Property Law | Date: | Hits: 82
Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)
....ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed Ed. This Case is also Reported in: VI ADC (2009) 938. ......y the High Court Division is liable to be set aside by the Court. He further submits that the impugned judgment and order passed by the High Court Division is neither proper nor in accordance with law and as such the same is liable to be set aside. He lastly submits that the High Court Division ..Category: Property Law | Date: | Hits: 57
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....tions of Mutawalli and enclosing a copy of the said Power of Attorney dated 7.5.2002 requested the petitioner to approve the same; the respondent No.9 before leaving for USA for treatment, as per the provision of clause 21 of the Waqf Deed, also executed a deed appointing him as the sole Mutawalli i......os.1-5 are entitled to get the benefit of the above judgment and order and as such the impugned order dated 8.1.2007 appointing the respondent No.10 as Mutaualli is liable to be declared as without lawful authority and is of no legal effect. 3. The respondent No.10 opposed the Rule and filed an..Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....order of the High Court Division and other papers on record. 11. The question that was raised before the High Court Division was whether a property acquired under a law can be released under the provision of another law, in other wards, the property in questions acquired under Section 93A of th......usly with Writ Petition Nos. 5198 of 2003, Writ Petition No. 11818 of 2006, Writ Petition No. 11819 of 2006 and Writ Petition No. 3466 of 2004 making the Rule absolute. 2. Since common question of law and facts are involved in all the petitions these are being disposed of under this judgment. ..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....t Division allowed the appeal and thereupon set aside the judgment and decree of the trial Court and dismissed the suit. 14. Leave was granted to consider the contentions that in view of the provision of sections 103 and 106 of the Evidence Act defendant No.1 was required to prove the circ......d that the trial Court having decreed the suit upon accepting such prove and upon consideration of the failure of the defendant No.1 to prove her special plea, the High Court Division erred in law in reversing the decree of the trial Court merely on adverse surmise against the plaintiff's c..Category: Property Law | Date: | Hits: 100
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