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Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)

.... appeals by leave filed by the writ respondents are against the judgment and order dated 17.07.2000 passed by the High Court Division in Writ Petition Nos. 3773. 4490 and 4491 of 1999 by which the Rules were made absolute and the assessments of customs duties and other levies on the imported Har......e filed by the writ respondents are against the judgment and order dated 17.07.2000 passed by the High Court Division in Writ Petition Nos. 3773. 4490 and 4491 of 1999 by which the Rules were made absolute and the assessments of customs duties and other levies on the imported Hard Boards and MDF..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)

....b / duty had been assigned to him, the Managing Director remained the Chief Executive and the Chairman is nothing but an ornament and also the submission that Article 9(2) of P.O. No. 27 read with Rule 4 of the Bangladesh Krishi Bank Rules, 1973 authorizes the Managing Director to exercise all p......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 90

Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)

....M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 26.01.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 ......hul Amin J. - This appeal by leave is directed against the judgment and order dated 26.01.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in th..

Category: Property Law | Date: | Hits: 37

Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)

....J .- This appeal by leave is directed against the judgment and order dated 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellaneous Appeal No. 109 of 1996 with Civil Rule No. 215(F.M.) of 1996 allowing the appeal with cost. 2. Short facts are that the plainti...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 76

Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)

.... appellate court after hearing the parties dismissed the appeal. Feeling aggrieved the defendant-petitioner moved the High Court Division under Section 115(1) of the Code of Civil Procedure and the Rule was subsequently discharged by the High Court Division. Thereupon he filed the civil petition ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

....he is not in a position to compel the Government to sell the property in his favour and the High Court Division erred in law in discharging the rule. It was further submitted that having regard to Rule 8(2) of Bangladesh Abandoned Property (Land, Building and other Properties) Rules 1972 providi...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 41

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

....uhul Amin J .- This appeal by leave is directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonge......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....he legal heirs of late Osiur Rahman. The suit was decreed on 15.5.1989. Two (2) Miscellaneous Cases, Miscellaneous Case No. 41 of 1989 and Miscellaneous Case No. 44 of 1989 were filed under Order 9 Rule 13 of the Code of Civil Procedure seeking setting aside of the decree passed in the aforesaid ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 122

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

....al, by leave, by the defendant has been filed against the judgment and order dated February 27, 1997 of a Single bench of the High Court Division in Civil Revision No. 2348 of 1991 discharging the Rule obtained against the judgment and decree dated June 29, 1991 of the 2nd Court of Subordinate J......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)

.... the plaintiff respondents put the decree into execution and got delivery of possession through court on 28.11.1989. The aforesaid respondents filed Miscellaneous Case No. 456 of 1989 under Order 9 Rule 13 of the Code of Civil Procedure which being allowed aforesaid Other Suit No. 101 of 1985 was......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)

....bsp; Md. Tafazzul Islam J.-This appeal by way of leave is against the judgment and order dated 27th August, 1996 passed by the High Court Division in Writ Petition No. 3430 of 1992 discharging the Rule. 2. The appellant filed the above writ petition stating, inter alia, that while engaged...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 131

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

....bsp;  Md. Ruhul Amin J.- This appeal, by leave, is by the writ-petitioner against the judgment dated April 10, 1997 of the High Court Division in Writ Petition No. 3396 of 1991 discharging the Rule obtained impugning Memo. No. 1221(5) J, M, 60 dated 14.12.1991 of the Office of District Magis......abandoned property and a further prayer for restoration of possession of the properties to the writ-petitioners, that the High Court Division made the Rule obtained in Writ Petition No. 35 of 1985 absolute declaring that the properties of the Corporation are not abandoned property and made direc..

Category: Property Law | Date: | Hits: 38

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

....cation summarily. The revisional application was filed against the order dated 19.2.1997 of the Court of Subordinate Judge and Artha Rin Adalat, Jessore allowing an application filed under Order 1, Rule 10(2) of the Code of Civil Procedure and thereupon striking out the 2. Facts, in short,......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Banking Law | Date: | Hits: 129

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......he aforesaid judgment of reversal, the plaintiff-respondents moved the High Court Division and obtained rule in Civil Revision No. 4340 of 1999 and the revision case was allowed by making the rule absolute. Hence is this appeal. 8. Leave was granted to consider whether the submission that the ..

Category: Limitation Law | Date: | Hits: 156

A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)

.... Howlader seeks leave to appeal against the judgment and order dated 27.01.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.6213 of 2002 discharging the Rule by cancelling the ad-interim bail. 2. The facts leading rise to the leave petition, in ......se the privilege of ad-interim bail granted earlier to him and that the co-accused Mohammad Hasan, Md. Sahabuddin and others have been allowed bail by the High Court Division after making the Rule absolute and the petitioner being an elected chairman for the greater public interest his prayer fo..

Category: Criminal Law | Date: | Hits: 47

University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)

....ice so served demanding justice was not replied to by the University. 3. Respondent Nos. 1 and 2 i.e. University of Rajshahi and the Controller of Examinations of the University opposed the Rule by filing affidavit-in-opposition stating amongst others that as the answer script of the writ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..

Category: Civil Law | Date: | Hits: 97

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

....uhul Amin J. - This is plaintiffs appeal, by leave, against the judgment and order dated August 24, 1999 of a Single Bench of the High Court Division in Civil Revision No. 1358 of 1995 making the Rule absolute upon setting aside the judgment and decree dated February 26, 1995 of the 2nd Court ......Amin J. - This is plaintiffs appeal, by leave, against the judgment and order dated August 24, 1999 of a Single Bench of the High Court Division in Civil Revision No. 1358 of 1995 making the Rule absolute upon setting aside the judgment and decree dated February 26, 1995 of the 2nd Court of Ad..

Category: Property Law | Date: | Hits: 48

Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)

....his Criminal Petition for leave to appeal is directed against the judgment dated 7-12-2000 passed by a Division Bench of the High Court Division in Criminal Revision No. 289 of 1999 discharging the Rule. 2. The facts, leading to this petition, are that complainant-respondents filed a petit...... of the High Court Division totally misdirected themselves in the matter of taking of cognizance in the facts and circumstances of the case, thereby committed an error of law in not making the Rule absolute in as much as the case against the petitioner being false and concocted and the petition o..

Category: Criminal Law | Date: | Hits: 37

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

....J. - This petition for leave to appeal is directed against the judgment and order dated 06.03.2002 passed by a Division Bench of the High Court Division in Writ Petition No.5226 of 2000 making the Rule absolute. 2. Short facts are that the petitioner was elected as Chairman of Nazirpur Un......This petition for leave to appeal is directed against the judgment and order dated 06.03.2002 passed by a Division Bench of the High Court Division in Writ Petition No.5226 of 2000 making the Rule absolute. 2. Short facts are that the petitioner was elected as Chairman of Nazirpur Union P..

Category: Civil Law | Date: | Hits: 104

Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)

....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ...... the petitioner filed an application for stay of the execution of the said decree and the Munsif, Second Court, Dhaka by his order No.6 dated 31.12.1979 stayed the same. That order of stay was made absolute on 20.7.1982. Against the said order of stay the opposite party Nos.1 to 6 filed a re-vis..

Category: Property Law | Date: | Hits: 34