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Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......n is essential and their mere presence in respect of items involving non- protective customs duty will not vitiate the proceeding. In fact, their presence is essential when a subject-matter under the jurisdiction of Tariff Commission is considered. He further submits that the Government of necessity..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......the Ordinance it is the Special Court which is vested with the authority to pass the impugned order canceling the licence and not appellant No.2, it was held that the appellant acted in excess of his jurisdiction and accordingly, the impugned orders were declared to have been passed without any lawf..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ...... because of various steps taken by the respondent against the said proceeding and ultimately it appears that they came to the High Court Division in 1991 for quashing of the proceeding invoking its jurisdiction under 561A of the Code of Criminal Procedure. At the hearing of the matter in the Hig..Category: Criminal Law | Date: | Hits: 93
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... Appeal No. 5 of 1993. In spite of several adjournments he did not appear on the date of hearing of the appeal and the appeal was dismissed for default. In revision while exercising the revisional jurisdiction the learned Single Judge by his order dated 18-8-96 rejected the application as not be..Category: Others | Date: | Hits: 87
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......elf felt difficulty in supporting the basis of calculating damage as done by the learned Subordinate Judge. Dr Kamal Hossain rightly pointed out that the High Court Division was not exercising its jurisdiction in certiorari so as to be satisfied merely with the “reasonable basis” and..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......een done in accordance with law. 4. Leave was granted on the following submissions of the learned Additional Attorney-General— (i) The High Court Division acted in excess of its jurisdiction in interfering with the findings of fact made by the Court of Settlement as if sitting..Category: Property Law | Date: | Hits: 89
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......malendu Bikash Roy Choudhury J: This appeal, at the instance of the Chairman, Chittagong Port Authority, is directed against the judgment dated 30 January 1992 of the High Court Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......heard before sealing their mills which was an arbitrary action. They made representation to the different authorities but without any result. Ultimately they moved the High Court Division in the writ jurisdiction impugning the said action of the petitioners.
2. It appears that neither any affida..
Category: Others | Date: | Hits: 128
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......rically‑charged torchlight does not render him liable for an offence under section 19(f) of the Arms Act or any other section of the Arms Act and, as such, the Special Tribunal acted without jurisdiction in taking cognisance of the case against him and in ultimately convicting and sentenci..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......s Title Suit No. 72 of 1984. By a judgment and decree dated 28-3-85 the appellant’s suit was decreed and the impugned orders dated 16-2-79 and 11-12-81 were declared to be void, illegal and without jurisdiction and the plaintiff were declared to be still in service in the eye of law with loss of 3..Category: Administrative Law | Date: | Hits: 131
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ...... writing made by the licensing authority or an officer authorised by him in this behalf. As such cognizance taken by the Senior Special Tribunal under the Special Powers Act was illegal and without jurisdiction and no charge can be framed and the petitioner was entitled to be discharged from the ..Category: Criminal Law | Date: | Hits: 99
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......ection 23 of the Immigration Ordinance, 1982 and under section 26 thereof the offence is exclusively triable by a Special Court under a summary procedure. The learned Magistrate was therefore without jurisdiction in taking cognizance of the case. 3. Under section 23 of the Immigration Ordinance,..Category: Criminal Law | Date: | Hits: 149
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ....... 3 and the Federation of Pakistan as defendant No. 1 for short delivery of rape-seeds at Chittagong Port which they had imported from Karachi. On the objection raised by defendant No. 2 as to the jurisdiction of Chittagong Court on the ground of rubber-stamp clause on the bill of lading that th..Category: Property Law | Date: | Hits: 79
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......ulated in the agreement for reconveyance. 11. This court in Altafur Rahman vs. Tamijur Rahman 30 DLR (SC) 236 held: “As to the power of the High Court, in exercising its jurisdiction under section 100 of the Civil Procedure Code, to disturb the finding of the first ap..Category: Property Law | Date: | Hits: 60
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......sions and methods for realisation of loan by financial institutions provided by laws by which they were established but as far as suits are concerned, the Artha Rin Adalat has been given exclusive jurisdiction in sub-clause (1) of section 5. 3. At the hearing of the appeal, Mr. Rafiqe-ul Huq, le..Category: Business or Commercial Law | Date: | Hits: 117
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......udgment. 2. The decision of this appeal turns upon the question whether the High Court Division, in exercise of its powers under section 115 of the Code of Civil Procedure, acted beyond its jurisdiction, in setting aside the concurrent findings of the first two courts below and sending ba..Category: Procedural Law | Date: | Hits: 140
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ...... offering to the highest bidder to purchase at the enhanced price which might have been offered by a party who did not take part in the tender. He has submitted that the petitioner invoked the writ jurisdiction not on the basis of any accrued right but on the principle that in such matters the G..Category: Constitutional Law | Date: | Hits: 149
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......ist at the time of such revocation and withdrawal.” 9. The Learned Judges then observed that the appellant had “admittedly” no right to invoke the jurisdiction under Article 102 of the Constitution at the time of revocation and withdrawal of Mart..Category: Property Law | Date: | Hits: 88
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......ment of Administrative Tribunals for the purpose mentioned therein.Thus, the Administrative Tribunal being the creature of the Administrative Tribunal Act of 1980, for the purpose of exercising its jurisdiction within the frame work of that Act, cannot act beyond the scope of section 7(1) thereof..Category: Administrative Law | Date: | Hits: 149
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