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Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ......, the judgment and order of the High Court Division is erroneous and liable to be set aside. The learned Advocate-on-Record also submitted that the High Court Division without considering the law and facts has sent back the case on remand to the trial Court for rehearing and thus, comm..Category: Property Law | Date: | Hits: 23
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and othÂers, 2007, 36 CLC (AD)
....on (imported goods) Rules, 1997 and that the respondent had no authority to determine the tariff value and that the tariff value is arbitrarily and not based on any material and in violative of the provision of Section 2597 of the Customs Act and that there is no nexus between tariff value and th......is submitted and accordingly, the petitioner's contention that he is entitled to pay customs duty, tax and other charges on the basis of invoice value not on tariff value is not acceptable in law. Further in the absence of any disclosure of the relevant and reliable materials to show that t..Category: Fiscal/Taxation Law | Date: | Hits: 70
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....nished before the trial Court for 50% of the decretal dues. In the order dated 24.06.1999 passed in F.M.A.T. No.358 of 1999 learned Judges of the High Court Division held that since there is a provision in Section 6 of the said Ain for furnishing bank guarantee for filing an application und......plication under Order 9 Rule 13 of the Code of Civil Procedure against the ex parte decree and since it is impracticable to deposit huge cash money by chalan and since there is an indication in the law itself that the decretal amount can be deposited either in cash or by bank guarantee, furn..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....rder of allotment and registered deed was exeÂcuted in the name of husband and wife. 11. Admittedly, the writ petitioner surrenÂdered the single allotment in his own name alone and for following provision of rule 6(Ga) of the Arms Officer residential project prospectus Rule 6(Ga) which reads â€......y the Director, Military Land and Cantonment Directorate Ministry of Defence, so far as it relates to the writ respondent No.4, the present petitioner should not be declared to have been made without lawful authorÂity and was of no legal effect and why the allotment of the entire plot should not be..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....e commutation of the sentence to imprisonment of life by my brother Md. Joynul Abedin J. 3. I feel difficult to persuade myself with the reasoning and discussions as well as the provision of law referred to in the judgment by my brother dismissing the appeal but modified the se......;tion of the sentence to imprisonment of life by my brother Md. Joynul Abedin J. 3. I feel difficult to persuade myself with the reasoning and discussions as well as the provision of law referred to in the judgment by my brother dismissing the appeal but modified the sentence as sta..Category: Criminal Law | Date: | Hits: 62
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....allments without making any demand for more than 200% interest of the principal amount and further directing the Artha Rin Adalat not to proceed with the auction notice till such disposal when the provision of section 47 of the Artha Rin Adalat Ain, 2003 had no manner of application in the case.......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ..Category: Property Law | Date: | Hits: 19
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ......y manner. In support of his contention refers to a decision in the case of Moudud Ahmed Vs. Anwar Hossain Khan, 15 BLD (AD) (1995) 12. 10. The Government is the custodian of maintaining the law and order situation in the Country and no body other than the Government is concerned under the..Category: Constitutional Law | Date: | Hits: 114
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......ning the ballot papers were partly torn. The petitioner, therefore, contends that the impugned order allowing the application for recounting the ballot papers is illegal and cannot be sustained in law. 3. Challenging this order the petitioner moved the High Court Division under Article 10..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... one time (এককালীন). 2. The suit filed seeking relief that the plaintiff is entitled to the benefit of benevolent fund and group insurance under the provision of Ordinance No. XXXIX of 1982 instead of the law prevalent on the aforesaid matters in 1......472;). 2. The suit filed seeking relief that the plaintiff is entitled to the benefit of benevolent fund and group insurance under the provision of Ordinance No. XXXIX of 1982 instead of the law prevalent on the aforesaid matters in 1968 and 1969 i.e. not as per provision of Government Se..Category: Employment/Service Law | Date: | Hits: 82
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
.... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......Bulbul inflicted gun-shot injury to P.W.2 Ashraf Ali and not Kalu. Such finding does not suffer misreading, mis-appreciaÂtion of non-reading of evidence in the case. There is therefore no warrant in law to interfere with the impugned judgment of the High Court Division and the same is affirmed and ..Category: Criminal Law | Date: | Hits: 38
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......ter hearing observed that the trial Court failed to consider the F.I.R., charge sheet, statements of the witnesses, recorded under section 161 of the Code of Criminal Procedure required under law in the light of the decision reported in 17 BLD (A.D.) 54 and accordingly made the rule ab..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ......est-southern side of the disputed Dag No.1642 and 0.10 decimals of land on the western side of Dag No.1643 claiming that his wife Efatunnessa Khanam purchased on 29.01.1962 from her father-in-law, Siddique Ali, and then she gifted away the said property to defendant Nos.6 and 7. The plaint..Category: Property Law | Date: | Hits: 29
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....o trademarks are similar and therefore registration of the petitioner trade mark would be likely to cause confusion and deception and as such registration of the same would be contrary to the provisions of Section 8(a) of the Trade Marks Act, 1940. 7. The adoption by the petitioner of......f Trade Marks praying for registration with a new design, colour scheme, get up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ..Category: Intellectual Property Law | Date: | Hits: 306
M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....sly. 2. The relevant facts in all these three leave petitions are that the respective petitioners imported Grey Portland cement by opening of respective Letters of Credit complying with the provisions of the relevant law and requirements and that at the time of opening of the respect...... facts in all these three leave petitions are that the respective petitioners imported Grey Portland cement by opening of respective Letters of Credit complying with the provisions of the relevant law and requirements and that at the time of opening of the respective letter of credit the Go..Category: Fiscal/Taxation Law | Date: | Hits: 68
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... 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: V ADC (2008) 952. ......vil petition for leave to appeal. 7. Nurul Islam Bhuiya, the learned Advocate-on-Record for the petitioners submits that the impugned judgment and order of the High Court Division are bad in law and fact. He further submits that the learned Judge of the High Court Division based his judgme..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......on 23-10-2005 and as such the High Court Division had become functus officio and thereby the application for recalling the order is not legally maintainable and per se the impugned order is bad in law and as such the same is liable to be set aside for ends of justice. Learned Advocate furth..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......of her deceased husband Harendra Chandra Das, such alienation took place, non-consideration of such factual and legal proposition led the single Judge of the High Court Division to commit error in law which resulted in miscarriage of justice. He lastly submits that admittedly the suit is brought..Category: Property Law | Date: | Hits: 23
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....upplementary duty fixed at 25% per Metric Ton on Grey Port Land Cement is without lawful authority inasmuch as the same has been fixed arbiÂtrarily and without fulfillment of the requirements of the provision of Section 7 of the VAT Act, 1991 for the purposes of imposition of supplementary duty; th......ing for the petitioner submits that the High Court Division was not justified is not considerÂing the fact that the supplementary duty fixed at 25% per Metric Ton on Grey Port Land Cement is without lawful authority inasmuch as the same has been fixed arbiÂtrarily and without fulfillment of the re..Category: Fiscal/Taxation Law | Date: | Hits: 65
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ...... amendment of the plaint and under Order XLI, rule 27 of the Code of Civil Procedure and permitting both the parties to take necessary steps in the suit for disposal of the suit in accordance with law. &nbs..Category: Procedural Law | Date: | Hits: 173
....illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
...... within period fixed i.e. 20th April, 2007.
Resultantly, Rule stands discharged and stay granted is vacated."
6. We are of the view that the High Court Division considering the facts and the law involved discharged the Rule and accordingly there is no illegality or infirmity in the decision..
Category: Civil Law | Date: | Hits: 120
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