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A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
.... the goods..............(60) Smuggled goods- non-submission of necessary parts-itself an offence entailing confiscation of goods....................(63) Words and phrases Sanction The provision for sanction is intended to protect officers of the Government from harassment by unnecess......such express provisions would it be assumed that the provisions of Clause (4) in the Government Notification dated 24,8.72 has led to such ouster. Moreover, when it is a well-established principle of law that no subordinate legislation can nullify the express provisions of an Act of the legislature ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......etition. We have also considered the submission made by the learned Advocate appearing for the leave petitioner. The learned Advocate submitted that the High Court Division erred in law in not considering the discrepancies appearing in the depositions of the P.W.1 and P.W.4 in res..Category: Criminal Law | Date: | Hits: 155
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......he Administrative Tribunal. The Administrative Appellate Tribunal further held that the order dated 10.04.2001 is not an independent order. Since it is a question of limitation provided by special law the finding of the Administrative Appellate Tribunal cannot be interfered with. In such ..Category: Administrative Law | Date: | Hits: 423
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....e the execution case is liable to be dismissed. 5. The High Court Division on consideration of the submissions made by the learned advocate as well as the materials on record/ the provisions of law, the decree passed by the Artha Rin Adalat and the impugned order passed by the e......n case is liable to be dismissed. 5. The High Court Division on consideration of the submissions made by the learned advocate as well as the materials on record/ the provisions of law, the decree passed by the Artha Rin Adalat and the impugned order passed by the executing ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....iled application under section 57 of the Artha Rin Adalat Ain, 2003 praying for dismissal of the execution case on the ground that the claim of the respondent-bank as made is violative of the provision of Section 47 of the Artha Rin Adalat Ain, 2003 and that the decree as passed has violate...... suit has been filed claiming Tk.44,12,56,166/- with further interest @ 14.5% effective from 01.07.2002. The learned Advocate submitted that as per Section-5 of the General Clauses Act any Act or law, in which the date of commencement is not specifically mentioned, such Act or law comes in..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved 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) 862. ......on erred in sending the suit back on remand to the trial court for fresh decision when all the material evidence and the inspection report were available on record and it is a settled principle of law that when all materials are available on record the court would decide the points at issue..Category: Property Law | Date: | Hits: 41
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......e to live as husband and wife but failed as such she is not entitled to get maintenance but this aspect has not been considered by the High Court Division as well as the Courts below, thus erred in law in passing the impugned judgment which is liable to be set aside. 7. We have heard the l..Category: Criminal Law | Date: | Hits: 75
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......vocates of the respective conÂtesting parties dismissed the cases disalÂlowing the pre-emption having found three out of five issues framed in the cases in favour of the petitioner in accordance of law. The learned Assistant Judge found that the cases are not barred by limitation and the story of ..Category: Property Law | Date: | Hits: 33
Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)
....First Class and that the instructors and the teaching staff of the Experimental Schools are treated alike and without any discrimination and that vide Memo No.511/4A-14/67-892-Edn dated 22.08.1967 provisions have been made for recruitment of the Assistant Superintendent of P.T. Institute (PTI) b......red and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ..Category: Administrative Law | Date: | Hits: 243
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ...... contest and ex parte against the rest. The trial Court found title and possession of the plaintiff in the suit land observing that the plaintiff became tenant under the Government by operation of law after acquisition of the rent receiving interest. The trial Court disbelieved the witnesses of ..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....visional application and caused serous injustice in not considering the forged and fabricated deed dated 29.1.1948. He next submits that the High Court Division misinterpreted and misconstrued the provisions of Order 7 Rule 3 of the Code of Civil Procedure without considering the contents of the......operly adverting to the relevant fact and evidence on record. He further submits that the finding of the High Court Division as to the unregistered deed dated 29.1.1948 suffers from serous error of law and it was contrary to the materials on record. Moreover, the High Court Division failed to add..Category: Property Law | Date: | Hits: 30
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....n of the Trade Marks ''AMERICA", "USA", "DON" and "VISA" in artistic style along with distinctive colour scheme, design, device and getup under the statutory provision of Trade Marks Act, 1940 in the office of the Directorate of Patents, Designs and Trade M......cturer and merchant of the goods or Playing Cards for the Trade Marks Trade Mark "AMERICA", "USA", "DON" and "VISA" which is illegal, unjust and without any lawful authority and not permissible under the Trade Marks Act, 1940. The plaintiff has obtained in..Category: Intellectual Property Law | Date: | Hits: 361
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....uit land by inheritance. To grab the suit land, respondent created false loan case vide Loan Case No.HB-PAB-38(Multi) dated 25.11.1981 and started Miscellaneous Case No.43 of 1984 (H.B.) under the provision of President's Order No.27 of 1973 and on 26.6.1994 beyond the knowledge of the plaintiff......op, the petitioner filed civil petition for leave to appeal. 7. Mr. S.N. Goswami, the learned Advocate for the petitioner submits that the learned Judges of the High Court Division erred in law in not considering the facts and circumstances of the case that the trial court framed the issu..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....cation no ground relating to non-joinder of the party was raised. It appears for the first time in the course of hearing of the Rule question of non-joinder of the party was raised. The provision of Order 1, Rule 9 of the Code of Civil Procedure reads as: "No suit ......nd non-consideration of the evidence of (sic) record" and thus the appellate Court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now settled as to the extent of jurisdiction of the High Court Division under section 115 (1..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......ng that the Government in exercise of its discretion rightly withheld sanction for trial of the writ respondent Nos.5 and 6 and the impugned order withholding sanction was passed in accordance with law and is not liable to be questioned by the writ petitioner. 4. The learned Counsels appea..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....ernment." 3. Section 8A of the Court of Wards Act, 1879 provides that if the rent-receiving interests of a ward in any estate under the charge of the Court are acquired under the provisions of the State Acquisition and Tenancy Act, 1950, then notwithstanding anything contained ......on the Revenue Authority found the writ-petitioners in possession of their respective case lands and accordingly the draft records of right was prepared in their respective names in accordance with law i.e. under Rule-29 of the State Acquisition Rules, 1955, (hereinafter referred to as the said R..Category: Property Law | Date: | Hits: 67
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......ischarged as noticed earlier. 5. The High Court Division found that there was no violation of section 141 (b) of the Negotiable Instrument Act. The High Court Division further found that the law is now settled on the point that a criminal proceeding should not be stifled before trial,..Category: Criminal Law | Date: | Hits: 51
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......ting articles. The High Court Division concluded that the seizure list alleged to have been prepared by the B.D.R. personnel in respect of the seized articles is no seizure list in the eye of law and accordingly allowed the appeal. 6. In the facts and circumstances of the case and in..Category: Criminal Law | Date: | Hits: 45
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....egistrar on temporary basis under sub-Rule 5(1) on the date of commencement of this substituted rule shall deemed to have been licensed by the Government on regular basis and Subjected to the provision of rule to and other concerned provisions, he shall be issued a permanent license of Nika......d in Bangladesh Gazette on 16 January, 2001, old Rule 5A was substituted by a new Rule 5A providing that notwithstanding anything contained in Rule 5 or in any other instrument having the force of law, any person acting as Nikah Registrar on temporary basis under sub-Rule 5(1) on the date of com..Category: Civil Law | Date: | Hits: 100
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....nt No.1 in Misc. (Pre) Case No. 21 of 1998 in respect of the land described in the schedule to the plaint, which is situated in Mouza Kunagram, under P.S. Beanibazar, Dist.- Sylhet, is against the provision of the sec. 96(10) (a) of the E.B.S.A. and T. Act and as such illegal, null and void, ino......the defendant No.1 suppressing all those facts and making false statements in the court obtained the said ex-parte judgment and order. As the Misc. (Pre) Case No. 21 of 1998 was barred by law the said ex-pare judgment and order is illegal and liable to be set aside. 9. It was fur..Category: Property Law | Date: | Hits: 33
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