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Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......eral appearing for the appellant and Mr. M Amirul Islam, learned Counsel appearing for the respondent and perused the petition and the impugned order of the High Court Division and other papers on record. 10. The   learned  Deputy  Attorney-General submits that the ap......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..

Category: Constitutional Law | Date: | Hits: 124

A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)

....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed.   ......an error in the decision causing failure of justice. 6. Learned Advocate further argued that the learned Judges of the High Court Division having failed to consider the material evidence on record arrived at erroneous findings and decisions which are liable to be set aside. 7. We h......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed.   ..

Category: Property Law | Date: | Hits: 41

Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)

....n the ground that the amount of the counter- claim is much bigger than that claimed in the plaint by the plaintiff. One of ends of justice is to avoid multiplicity of proceeding and it cannot be a good argument for pushing the defendant to filing separate suit because the amount claimed by him i...... 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. ...... 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)

.... granted to consider the submis­sion that the High Court Division failed to consider that the notification issued under section 25(7) of  the Customs Act 1969 was applicable to the subject goods as provided under section 30 of the Customs Act 1969 and the Bills of Entry were presented to......al Attorney-General for the appellant and Mr. ASM Khalequzzaman, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers on record. 5. The learned Additional Attorney-General submits that the writ petitioner had no ......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)

.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......ther notice under section 3 of the Ordinance No.11 of 1982 is not required to be served personally on the owners of the acquired land. 4. We have heard the learned Counsels and perused the records. 5. As it appears from the record, the appellant No.1, the requiring body in posse...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..

Category: Labour and Industrial Law | Date: | Hits: 83

Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)

....he same. 9. We have examined the impugned judgment and considered the arguments and the materials on record. The points raised and argued by the learned Counsels for the appellants have a good deal of force. In terms of clause 9 of the relevant Tender Notice the writ respondent Governme...... argues in support of the impugned judgment and the reasonings assigned in support of the same. 9. We have examined the impugned judgment and considered the arguments and the materials on record. The points raised and argued by the learned Counsels for the appellants have a good deal of......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..

Category: Others | Date: | Hits: 88

Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)

....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. ...... 12. We have heard Mr. Anisul Huq, learned Counsel and others appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. Mr. Anisul Huq, learned Counsel submits that the High Court Division erred in law by......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)

....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......nding on the Ad hoc Managing Committee as it (Ad hoc Managing Committee) was not made a party to the said Other Suit No.11 of 1993. 9. We have examined and considered the mate­rials on record including the judgments of the courts below including the one of the High Court Division. It......o the finding that the resignation letters of the defendant Nos. 13, 14 and 15 were not voluntary and genuine and the same were obtained by coercion and duress and the said defendants were still in service as teachers of the said school. We are not inclined to interfere with this finding of the ..

Category: Civil Law | Date: | Hits: 110

Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)

....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......isclosed a very ugly picture of the contesting political parties in the name of enforcing hartal by force and resisting the hartal again by resorting to brute force. This court in unequivocal terms records its disapproval to such sort of activities either enforcing the hartal or resisting the ha......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..

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. ......y stick etc. and they created terrorism by exploding cocktail and bombs and the respondent snatched away Tk.1,00,000/- (one lac) from his pocket and the learned Magistrate sent it to the police who recorded the same as First Information Report and thus Moradnagar P.S. Case No. 8 dated 22.06.2002 ......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. ..

Category: Criminal Law | Date: | Hits: 71

Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)

....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. ......session in the land in suit they would have certainly included the land in suit in the partition suits. The trial Court also observed in the facts and circumstances of the case and the materials on record that defendant No.10 in collusion with his sister has filed the suit and defendant No.10 is ......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)

....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. ......desh Secretariat, Dhaka and others.... Respondents Judgment November 29, 2006. Lawyers Involved: Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Review Petition No. 47......uch situa­tion. It may be mentioned in the instant case amendment in the schedule of the Rules of 1980 was made in 1986 and the writ petition­er having had the notice thereof joined in his service in 1995. So the aforesaid contention in the background of the facts of the instant case is ..

Category: Employment/Service Law | Date: | Hits: 79

Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)

....er metric ton treating the same as arbitrary, with­out any factual and objective basis and having on nexus with the prevailing international market rate on the face of the invoice value of the goods being at US$ 835.49 per metric ton (taking the invoice value of US$ 291 per Rim of 500 sheets......l market value and local market value inasmuch in this jurisdiction which gave rise to a controversy between the parties requiring factual prove into the matter on the basis of material brought on record by the parties, which determination is beyond the scope of judicial review of the High Court...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....gly mutat­ed her name in mutation Case No.793/IX/75-76 dated 22.1.1976; Sudhir Chandra paid rents to the palintiff-respondent at Tk.75/- per month since 1974 to January, 1985; since they had a good relationship he did not give any rent receipt for the same; on the apprehension of eviction sa......land and accordingly received Tk. 6,000/- from Dil Mohammad but before registration he left for India; that Dil Mohammad is enjoying the suit land since 1351 B.S. and S.A. Khatian No. 635 has been recorded in his name and he paid rents accordingly; defendants (appellants herein) prede­cessor...... 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)

.... 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. ...... perusal of the peti­tion for review we find that the petitioner in the garb of review petition is trying to get the petition for leave to appeal heard afresh. 2. The learned Advocate-on-record could not point out any error apparent on the face of the judgment sought to be reviewed pa...... 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)

....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ove 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 appellate court, dismissed the appeal holding as follows: "In th......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....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. ......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. ......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

Mokbul Hossain (Md) Vs. Government of Bangla­desh and others, 2006, 35 CLC (AD)

....ledgment that its interference with the constitu­tional process is an aberration and needs to be condoned. But while leaving, the Martial Law does not leave a trail of disqualification. It is good as long as it lasts, but with its departure it no longer casts a shadow upon the ordinary l....... It appears that the District Accounts Officer, Sirajganj who refused to pay his salary for the period he actually served after reinstatement in service was made a party. There is also nothing on record to show that the Ministry of Finance ever directed the District Accounts Officer not to pay ......y a fine of Taka 75,000 by judgment and order dated 20-8-1982. On his prayer, unexpired portion of the sentence of rigorous imprisonment was remitted on 26-4-1984. Thereafter, he was reinstated in service by the authority and the period of his absence was treated as extraordinary leave without p..

Category: Administrative Law | Date: | Hits: 132

Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)

....s opened a Letter of Credit on-January 13, 2000 to import 5,600 sheets of Standard Hard Board, B Grade, from Thailand @ US$ 2.01 per sheet totaling C& F value US$ 11,256.00; that on arrival of goods at the Chittagong Port respondent's clearing and forwarding agent submitted Bill of Entry on ......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 99

Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)

....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......vour and thus acquired title to the suit land. He claims to be in continuous possession of the suit land since 1356 BS. During RS settlement the defendant-petitioners managed to have the suit land recorded in their names and on the strength of that wrong entry they threatened the plaintiff with ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 35