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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. ...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J M/S. Madina Trading Corporation…....................Petitioner Vs. The Commissioner of Customs and another….....Respondents Judgment June 10, 2008. Lawyers Invol......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)
....ourt set aside the decree passed by the trial Court, as such, the judgment of the appellate Court being not a proper judgment of reversal liable to be set aside, since it has occasioned failure of justice; that late Badruzzaman, the predecessor of the plaintiffs and contesting defendants was an ......n Badruzzaman transferred schedule 'Ka' and 'Kha' schedule to his grand sons viz. defendant Nos.1-4 vide registered deed of gift dated 02.02.1971 and 22.04.1978 and delivery of possession was made accordingly. Badruzzaman executed and presented the documents for registration. The plaintiffs were.......J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record- For the Respondents Nos.1-3. None represented-For the Respondent Nos.4-9. Civil Petition for leave to Appeal No.1283 of 2006. Judgment &......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. ......nding amount stood at Tk. 68,00,000/-, payable by the accused persons to the complainant petitioner. Thereafter, the complainant further supplied 30 M. tons of aluminum iron worth Tk. 35,11,000/- and accordingly submitted the bill, against which part payment of Tk. 30,00,000/- was made. Thus balance....... Wahidullah, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent No. 2. Not Represented-For the Respondent No.1. Criminal Petition for leave to Appeal No.400 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - Delay of 6 days in ......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. ......nd and before the C.S. record, Danu Moral had two sons and one daughter and a wife and Panchu was the son of Panthi Bibi and Danu Moral and not the step son of Danu and Panchu acquired the property according to his share. Before C.S. operation Panchu died leaving behind his son Jongal, Budhai di...... Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent Nos. 1-3 (In both the Cases). Not Represented-For the Respondent Nos. 4-54 (In both the Cases). Civil Petition for leave to Appeal No. 749-50 of 2008. Judgment &nbs...... 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)
....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......wyers Involved: S. N. Goswami Advocate instructed by Syed Mahbubur Rahman Advocate-on-Record-For the Petitioners. Not Represented-For the Respondent. Criminal Petition for leave to Appeal No. 245 of 2008. Judgment ......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)
....on misread. Misconceived and misinterpreted the facts and circumstances of the case and evidence on record and has committed an error of law resulting in 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 su......n for separate ‘Saham' and thereafter the defendant Nos. 30 and 55 (Ka)-55(Uma)-56 amicably settled the matter out of Court and filed a Solenama for ‘Saham' and the learned trial Court accordingly passed a preliminary decree and the said Solenama was treated as a part of final decree......li Khan, Advocate (Appeared with the leave of the Court), instructed by Nurul Islam, Advocate-on-Record- For the Petitioner. Not represented- The Respondents. Civil Petition for leave to Appeal No. 631 of 2008. Judgment &......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)
.... and licence to the writ petitioner within 2 weeks from the date of receipt of the order holding, inter-alia, that the action of the respondent No.4 was contrary to the principle of Administrative justice and was not at all fair and which could not be approved by any man of ordinary prudence. ......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. ...... Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam…………………………..Appellant Vs. Monzurul Islam Liton and others…......Respondents Judgment April 17, 2009. Cases Referr......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)
....to proceed against her under Section 5(3) of the Service Sangbidhi-8 and terminated her service under Section 101 of Service Sangbidhi-6, and as such there is no violation of the principle of natural justice. The learned Counsel next submits that the High Court Division erred in construing the order......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......vs. State of Punjub and others reported in AIR 2000 SC 1080; Dipti Prakash Banerjee Vs. Satvendra Nath Bose National Centre for Basic Sciences, Calcutta, (1999) 3SCC 60 AIR 1999 SC 983; Managing Director, ECIL Vs. B. Karunakar, (1993) 4 SCC 727; (1994)AIR SCW 1050). Jagadish Chandra's case (1995 AIR......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. ......ated 6th May, 2007 directed the plaintiff to revalue the suit in the light of the amendment. Accordingly, the plaintiff revalued the suit for mandatory injunction at Tk. 1000/- and paid court fees accordingly. The defendant opposes the revaluation of the suit on the plea that there is objective ......) 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)
....e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Md. Sajadul Huq, Advocate-on-Record- For respondent No.1. Not represented- Respondent Nos.2-56 Civil Petition for Leave to Appeal No. 280 of 1995 (From the judgment and order dated 6TH December, 1994 passed by the ......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)
....te of emergency, it will continue uninterruptedly until settlement, but if the court or tribunal is satisfied by the appeal from any concerned party that the trial should be adjourned for the sake of justice, it can do so for not exceeding 3 (three) days. (2) Under the sub-clause (1), the court ......o Crimes Under this Rules: Until the Emergency is in effect, trial and investigation of those crimes under this Rules and punishable not more than 5 years of rigorous imprisonment, will be carried on according to the Speedy Trial Act 2002 (Act 11 of 2002) in a way as if the crime is exactly what is ...... Division can entertain applications under section 498 of the Code of Criminal Procedure despite Rule 19Gha of the Emergency Powers Rules, 2007 even with a non-obstinate expression. Cases Referred to- Secretary of State Vs. Mask and Co. A.I.R. 1940 (PC) 105; Jamil Hoque and 11 others Vs. Bang......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)
....ls on record arrived 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) 981.......the points raised. The High Court Division upon correct assessment of the materials on record arrived 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) 981.......smissed. Lawyers Involved: A.Q.M. Shafiullah, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 116 of 2008. (From the judgment and order dated 12.9.2007 passed by the High Court......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)
.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1561 of 2008. (From the judgment and order dated 01.07.2008 passed by the Hig......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)
....ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ...... summarily disposing of the Writ Petition with some observations. 2. The facts, in short, are that the Writ Petition was filed challenging the order dated 24.9.2007 (Annexure-“D" to the Writ Petition) and order dated 22.11.2004 (Annexure "B" to the Writ Petition) pass...... 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)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......or 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 these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......t: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Bangladesh Power Development Board and others........Petitioners (In all cases) Vs. M/s. Arab Contractor, (BD) Limited and others…...Respondents (In all cases) Judgment ......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)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......the defendant is a licensee or permissive possessor under the plaintiff, if that is established, the question of limitation will not arise at all because a licensee occupies the property according to the pleasure of the licensor and that occupation does not confer upon the right of exc......r in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that the land in suit belonged to ......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)
....ubmits that the High Court Division erred in law in allowing the pre-emption case without properly weighing and assessing the evidence on record and as a result there has been a miscarriage of justice. 7. We have heard the learned Advocate-on-Record and perused the connected papers in......raised. The High Court Division upon correct assessment of the materials on record arrived 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. ......ubur Rahman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-22. Civil Petition for Leave to Appeal No.1611 of 2007. (From the judgment and order dated 6.3.2006 passed by the High C......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)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......-in-opposition contending that there was no connivance or misappropriation or mismanagement of waqf estate by him; Justice M.R. Khan made a nomination on 6.7.1976 for his appointment as mutawalli and accordingly after the death of Mr. Justice M.R. Khan in 1990 he easily could have assumed the office......009) 930.......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)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......ted in 46 DLR (AD) 89 where in it was held that "after compensation is paid for acquisition of land no order can be made for de-requisition of such land. 29. It is pertinent to mention here that according to Salmond a precedent is a judicial decision which contains in itself a principle. The un......ADC (2009) 917; 30 BLD (AD) 2010. ......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)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... Division in First Appeal No.15 of 1996) Judgment Md. Ruhul Amin CJ. - Plaintiff has obtained leave to appeal against the judgment and decree dated June 1,1997 of a Division Bench of the High Co......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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