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Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....as 20%. After the opening of the letter of credit the Government issued another SRO 260-Law/88/1143/Cus dated 6.8.1988 fixing tariff value and during the currency of this SRO the said imported goods arrived at the Chittagong port. The writ petitioner accordingly submitted bill of entry......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... did not commit any wrong in appointing the Mutwalli and further he submits that there is no express provision in the Waqf deed for appointment of Mutwalli. 5. It appears from the record that in the two Waqf deeds there is no express provision for appointment of Mutwalli. The pe...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ..Category: Property Law | Date: | Hits: 36
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......056 of 2008) Judgment March 22, 2009. Lawyers Involved: Mahbubey Alam, Attorney General with Enayetur Rahim, Additional Attorney General, instructed by A. S.M. Khalequzzaman, Advocate-on-record-For the Petitioners (In Civil Petition Nos. 2221 & 2222 of 2008) T.H. Khan, Senior Adv......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...Category: Constitutional Law | Date: | Hits: 233
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ...... Exchange Regulations with prior permission from Bangladesh Bank." 15. As no issue regarding the payment of port dues was framed and decided on the material on record in the suit excepting certain gratuitous remarks as above, we do not think that any observa&......ained Ordinance imposing tolls/dues and charges upon the vessel plying within or partly within and partly outside the limits of any particular port and for charges for services rendering to the port authority or to any official and that the port authority was empowe..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
.... shop as a tenant under the petitioner. The Officer-in-Charge also took possession of the shop from the possession of the respondent-opposite party No. 1 after preparing a seizure list of the goods found in the shop. On 19-09-2007 the Book society served a legal notice on the respondent-opp......9A of the Code of Criminal Procedure to challenge the order of appointment of receiver dated 15th July 2007 before the learned District and Sessions Judge, Chittagong. He prayed for calling for the record of Miscellaneous Case No. 207 of 2007. On the same date the revisional application was moved......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)
....also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ......also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ......also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ..Category: Property Law | Date: | Hits: 49
Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)
....ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ......thus the charge framed against the accused petitioner is not maintainable in law. 6. We have heard the learned Advocate for the petitioner and considered the connected materials on record. We are of the view that the High Court Division upon correct assessment of the materials o......ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Md. Rafique, 2007, 36 CLC (AD)
....at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ......rrence on 02-09-1999 with the officer-in-charge, whereupon Chokoria Police Station Case No. (9) 1999 was started. The investigation officer held investigation arrested the accused and got statement recorded under Section 164 of the Code of Criminal Procedure and finally submitted charge sheet aga......at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ..Category: Criminal Law | Date: | Hits: 22
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....em thereunder. 11. Abdur Rouf, the learned Deputy Attorney General, appearing for the petitioner, submits that the prosecution having had proved the case beyond all reasonable doubts by good and satisfactory evidence, the High Court Division erred in law in allowing the appeal. He th......nt it to the morgue for holding postmortem examination, prepared sketch map with separate index of the place of occurrence, seized alamats by preparing seizure list, examined the witnesses and recorded their statements under Section 161 of the Code of Criminal Procedure and finally submitted......the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ...... possible without examination of witnesses. 9. In view of such facts and circumstances of the case, it appears that the High Court Division has correctly assessed the materials on record and rightly discharged the Rule, which deserves no interference by this Division. In the res......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ..Category: Criminal Law | Date: | Hits: 32
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....2005 and 4120 of 2006 analogously, made both the rules absolute on the findings that pendency of the above Miscellaneous Case No.28 of 2005, which has been filed 13 years after the decree, is not a good ground for stay of execution. 5. The learned counsel for the petitioners submitted tha......f 2005 stating that on 20.4.53 Late Golam Nabi Joardar, his predecessor, got settlement of .27 acres of land from the heirs of Nepal Chandra Roy Chowdhury and Aghor Nah Roy Chowdhury, the C.S. recorded tenants, on payment of proper salami and after his death the petitioner along with h is co......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: VI ADC (2009) 153. ..Category: Property Law | Date: | Hits: 18
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......in R.S. Khatian No. 419 and S.A. Khatian No. 464 belonged to a family of owners-in-possession consisting of Amir Mridha, Mohiuddin Mridha, Hazu Khatun, Jahirun Bibi and Amena Khatoon, who as R. S. recorded tenants held the lands in ejmali. It transpired that the cosharer tenant Amir Mridha died ......nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ..Category: Property Law | Date: | Hits: 37
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)
....re 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: VI ADC (2009) 142. ......s vs. Agrani Bank and others reported in 46 DLR (AD) 174 similar principle has been laid down. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above deci......re 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: VI ADC (2009) 142. ..Category: Civil Law | Date: | Hits: 106
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......eceipt of consideration money from the defendant-opposite party tendering possession to him. Hence the suit was liable to be dismissed. 5. The trial court on consideration of the evidence on record and hearing the parties decreed the suit. 6. The defendant preferred Title Appeal No.......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
....fect that plaintiff will possess Ka schedule land and Rahela Khatoon, who installed the defendant/petitioner in the suit land as her bargadar, will possess Kha schedule land, the plaintiff, in good faith, withdrew the above suit but no deed of exchange was then executed to the above effect ...... Kha schedule land to the plaintiff and then on 15th Magh 1383 B.S, the plaintiff, for the first time, came to know that.17 acre of land of Plot No. 254, that is Kha schedule land, has been wrongly recorded in the name of Rajab Ali and then he filed Title Suit No. 256 of 1973 against them and si...... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ..Category: Property Law | Date: | Hits: 25
Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)
....e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ......yees and this was a policy decision of the Government taken on the basis of recommendation of a committee headed by an Additional Secretary to the Government who thoroughly examined the service records of the employees of TCB and made the recommendation accordingly on the basis of which im......n. 3. The rules were opposed by TCB-the petitioner and two other respondents by filing affidavits-in-opposition stating, inter alia, that 306 employees of the TCB have been released from their services on the ground that their services were no longer required for the organization and that the..Category: Employment/Service Law | Date: | Hits: 73
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ......firming the judgment of the appellate court. 5. We have heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 6. It appears that the definite case of the pre-emptor is that he came to know about......le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......pon Miscellaneous Case No. 183 of 1960 was started. Ultimately, the said Miscellaneous case was ended compromise and the auction in respect of the suit land was set aside. Inspite of that the S.A. record was prepared in the name of the defendant Nos.1 and 2 wrongly. The Defendant Nos.1 and 2 hav...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......ty Nos. 21-22 praying for pre-emption of the land of kabala dated 30.03.1986 alleging that the suit property originally belonged to Chandra Kumar, Banomali, Ramchandra and Raimohan and it was recorded as such in the R.S. record. Rai Mohan Saha sold his share in favour of Saber Ahmed by a ka......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28