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Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
........Appellant Vs. Castrol UK Ltd. and others ...............Respondents Judgment December 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintain...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....sp; MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 28-7-1999 passed by the High Court Division in Writ Petition No. 510 of 1993 making the Rule absolute. 2. Short facts are that the petitioner being a wholesale dealer intended to......bsp; MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 28-7-1999 passed by the High Court Division in Writ Petition No. 510 of 1993 making the Rule absolute. 2. Short facts are that the petitioner being a wholesale dealer intended to impo..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... Md. Tafazzul Islam J.- This appeal, by leave, has arisen out of the judgment and order dated 29-10-98 of the High Court Division passed in Writ Petition No. 2490 of 1990 making absolute the Rule obtained challenging the order dated 20-10-1990, Annexure-F to the writ petition, by which the......p; Md. Tafazzul Islam J.- This appeal, by leave, has arisen out of the judgment and order dated 29-10-98 of the High Court Division passed in Writ Petition No. 2490 of 1990 making absolute the Rule obtained challenging the order dated 20-10-1990, Annexure-F to the writ petition..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
.... J.- These two appeals by leave are directed against the common judgment and order dated 4-1-2005 passed by a Division Bench of the High Court Division in Writ Petition No. 1463 of 2004 making the Rule absolute. 2. The short fact is that Md. Zahangir Alam, the respondent No.1 in Civil Pe......These two appeals by leave are directed against the common judgment and order dated 4-1-2005 passed by a Division Bench of the High Court Division in Writ Petition No. 1463 of 2004 making the Rule absolute. 2. The short fact is that Md. Zahangir Alam, the respondent No.1 in Civil Petitio..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....ese facts Gulshan Police Station Case No. 26 dated 6-3-2007 under sections 26 and 27 of the Anti-Corruption Commissioner Act, 2004 and section 5(2) of the Prevention of Corruption Act, 1947 read with Rules 15Ka, 15Kha and 15Gha of the Emergency Powers Rules, 2007 and section 109 of the Penal Code, 1......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....Joynul Abedin J.- This appeal by leave is directed against the judgment and order dated 24-11-1998 passed by a Single Bench of the High Court Division in Civil Revision No. 4520 of 1997 making the Rule absolute. 2. The fact, in brief, is that the appellants as plaintiffs filed Other Suit......l Abedin J.- This appeal by leave is directed against the judgment and order dated 24-11-1998 passed by a Single Bench of the High Court Division in Civil Revision No. 4520 of 1997 making the Rule absolute. 2. The fact, in brief, is that the appellants as plaintiffs filed Other Suit No.7..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....ls being Nos.24 and 25 of 1999 have been filed against the judgment and order dated 13.05.1999 passed by the High Court Division in Criminal Miscellaneous Case No. 668 of 1999 (Suo moto) making the Rule absolute. &......ng Nos.24 and 25 of 1999 have been filed against the judgment and order dated 13.05.1999 passed by the High Court Division in Criminal Miscellaneous Case No. 668 of 1999 (Suo moto) making the Rule absolute. &..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......al by leave has been preferred against the judgment and order dated 18.11.2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 8896 of 2002 making the rule absolute thereby allowing bail to the respondent in Muradnagar Police Station Case No.8 dated 22.06..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....tled to the relief sought in the suit. 10. As against the judgment and decree of the appellate Court the defendant No.2 moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division discharged the Rule on the findings that in the kabala dated July 26,......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....ing the same. The petition for leave to appeal was filed against the judgment dated October 20, 2002 of a Division Bench of the High Court Division in Writ Petition No. 2597 of 2001 discharging the Rule. 2. The writ petitioner challenged the amendment of the schedule (published in the......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....ssertion that the high powered committee arbitrarily and fictitiously raised tariff value without any , objective material before it, the High Court Division ought not to rush into issuing a Rule Nisi and stay payment of duties and taxes. It should take notice under section 114(e) of Evid......mined by the Government under the provision of section 25(7) is excessively higher and has no nexus to the international market price and the Government did not have unfettered, unlimited and absolutely arbitrary discretion in the matter of determining the value and that the same is contrar..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....Mohammad Fazlul Karim J. - This appeal by leave is directed against the judgment and order dated 12 November 2002 passed by the High Court Division in Civil Revision No.2468 of 2001 discharging the Rule issued against the judgment and decree dated 11.01.2001 of the Subordinate Judge and Artha Rin...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
....Court dismissed the civil petition for leave to appeal. The Civil petition for leave to appeal was filed against the judgment of the High Court Division dated January 26, 2003 discharging the Rule obtained in Civil Revision No. 3497 of 1999. The civil revision was filed against the judgment...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....p; Md. Tafazzul Islam J.- This petition for leave to appeal arises out of the judgment and order dated 16.5.2004 passed by the High Court Division in Civil Revision No. 3948 of 2002 discharging the Rule obtained against the judgment and order dated 18.5.2002 passed by the learned Additional Dist......6 of 1996 refusing pre-emption in respect of sale deed dated 22.6.1996. The above Rules were heard analogously and the High Court Division by the judgment and order dated 19.08.2001 made the Rules absolute remanding the appeals to the lower appellate court. On receiving the records the lower app..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....hul Amin J. - This appeal by leave is directed against the judgment and order dated 25.05.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 1233 of 1996 discharging the Rule. 2. Short facts are that the respondent-pre-emptor filed the Miscellaneous Case ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..Category: Property Law | Date: | Hits: 31
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....rim J. - This Appeal by leave, is directed against the impugned judgment and order dated 23-3-2002 passed by a Division Bench of the High Court Division in Writ Petition No: 1265 of 2000 making the Rule absolute. That respondent proprietor of Messrs Bangladesh Traders opened a Letter of Credit o....... - This Appeal by leave, is directed against the impugned judgment and order dated 23-3-2002 passed by a Division Bench of the High Court Division in Writ Petition No: 1265 of 2000 making the Rule absolute. That respondent proprietor of Messrs Bangladesh Traders opened a Letter of Credit on-Jan..Category: Business or Commercial Law | Date: | Hits: 99
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
.... Md. Tafazzul Islam J. - This appeal by leave is directed against the judgment dated 17.8.2000 of the High Court Division passed in Civil Revision No. 2363 of 1998 discharging the Rule which was obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th ......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
.... others Civil Petition for Leave to Appeal No. 99 of 1998 was preferred against the judgment and order dated 20 July 1994 passed by the High Court Division in Writ Petition No. 298 of 1987 making the Rule absolute with an observation out of which Civil Appeal No. 40 of 2000 arises. 2. The respond......rs Civil Petition for Leave to Appeal No. 99 of 1998 was preferred against the judgment and order dated 20 July 1994 passed by the High Court Division in Writ Petition No. 298 of 1987 making the Rule absolute with an observation out of which Civil Appeal No. 40 of 2000 arises. 2. The respondent N..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....ead Master and Secretary of Nalchity Merchants, High School) against the judgment dated July 17, 2002 of a Single Bench of the High Court Division in Civil Revision No. 876 of 2002 discharging the Rule obtained against the judgment and order dated February 10, 2002 of the 2nd Court of Joint Dist......t;in order to find out the prima facie case and the balance of convenience and inconvenience the appellate Court rightly took into consideration those papers. Furthermore, the defendant school has absolutely failed to give any plausible reason and show any permission from the authority namely, t..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....ssed was on admission and as such it was for the entire claim of the plaintiff as made in the plaint which includes interest at the rate of 13% on the claimed amount till realisation of the dues. The Rule was accordingly discharged with some modification by the impugned judgment and order dated 4 Se......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
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