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Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......try." 8. In the instant case, the tariff value was prevalent on the date of filing of the bill of entry and, as such, liable to pay the duty, etc. on the basis of tariff value. This view is supported by a decision of this Court in the case of Bangladesh vs Mizanur Rahman reported ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... in the next month i.e. in February, 1992. Since the suit was filed much longer after the end of the month, in the first of which defendants were asked to vacate the premises in suit, we are of the view that the notice served terminating the tenancy was quite valid and the suit filed much longer..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of BanglaÂdesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ...... the appointment letter (Annexure-A to the writ petition) is the merit list. The argument appears to be misconceived, as appointment letter and merit list are two distinct things. 12. In our view, since there is no merit list in the instant case, Sub-Regulation (2) of Regulation 10 shall n..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......espondent Nos. 1-2. (In CRP No. 78 of 2006) Not represented—Respondent Nos. 3-9. (In CRP No. 78 of 2006) Not represented—Respondents (In CRP No. 84 of 2006) Civil Review Petition Nos. 77-78 & 84 of 2006. (From the judgment and order dated 1 -8-2006 pass..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......ourt upon assigning reason. The High Court Division set aside the concurrent finding of the Court of facts that the property in suit is not part of the dwelling house of the undivided family on the view that the land in suit is contiguous to the homestead of defendant No.1 and that the defendant..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... General Meeting of the company. 3. As it appears, before the High Court Division the learned Advocate appearing for the shareholder/petitioner, the respondent No.1 herein, contended that in view of the existence of the above section 15 (Ka Ka) and BRPD Circular Nos. 8 and 12, the 20th Ann..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......bmitted charge-sheet against the appellant and another under sections 9(1)/7/30 of Nari-o-Shishu Nirjatan Ain 2000. 22. On perusal of the evidence and other materials on record we are of the view that prosecution could not prove the charge against the appellant beyond shadow of doubt and, ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ...... thereupon  arrived  at  his conclusion dismissing all the petitions. 3. Having regard to the facts and circumstances of the case, the provisions of Article 31 of the Constitution, in my view, cannot be applied because of the fact that the convicts were tried by a competent Court of the..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......g bills were paid to the respondent No.1 who, under the terms of the contracts, was required to have construction materials procured on his own and complete the work within the stipulated time and in view of the failure of the respondent No. 1 to do so the contracts were duly cancelled; the High Cou..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......scheme being cancelled the plaintiff bank became entitled to Taka 9,11,13,707 from the defendants and accordingly, the plaintiff bank informed the defendant to make payment of the amount and in view of default by the defendant in making payment of the amount, the plaintiff bank issued letters ..Category: Business or Commercial Law | Date: | Hits: 135
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ng the principal accused Mohammad Khan by entertaining doubt in their minds as to the place, time and manner of occurrence. On a consideration of the ocular evidence in the present case we are of the view that the judgment of the High Court Division so far it relates to accused respondent No.1 Moham..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ...... instant case it is not alleged by the pre-emptee opposite parties that the pre-emptor petitioner had relinquished or waived his right of preÂemption by a special agreement." 5. Having taken such view of the mailer, the Rule was made absolute and the pre-emption allowed by the impugned judgment ..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......rovides for making certain presumption in respect of a confession by an accused person produced before a Court, taken in accordance with law and purporting to be signed by a Magistrate, we are of the view that having regard to the aforesaid facts noticed by the learned Judges it was at least injudic..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......her contends. 7. The learned Single Judge of the High Court Division has, however, treated the expression "licensee" in clause (7) to be a misnomer examining the question from a different angle of view. The question considered by the learned Single Judge is whether the Standard Agreement between ..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......ns and change thereof shall apply to a re-poll and if so, whether a re-poll, held in violation of this Rule, will be necessarily vitiated. The High Court Division, without specifically expressing its view on this question, disposed of the matters observing that the question being connected with disp..Category: Election Law | Date: | Hits: 163
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......nsulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murder and with that end in view accosted the informant and his two brothers who were unarmed and taken off-guard. He suddenly p..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......ection 19 of the Customs Act. 3. Facts are as follows: —There was scarcity of sugar in the country in 1984. Hence, the GovernÂment decided to import sugar under Wage Earners' Scheme and in that view of the matter certain forÂmalities were waived by the Government namely, prior permission from..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....while assessing the income of the assessee whose salary income is exempted from tax. 17. The point can be tested from another anÂgle. The notification issued by the National Board of Revenue have erroneously included the Judges of the "Bangladesh Supreme Court and Bangladesh High Court" in Item ......the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In that view of the matter there is no hesitation in saying that the notification dated 18.12.76 has no mann..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ...... leave was granted to consider the only question as to whether the order of remand for retrial passed by a learned Single Judge of the High Court Division, Dhaka in appeal was just and proper. In the view we have takÂen upon deliberation of the matter and in view of the order proposed to be passed,..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......vision are found to have given due consideration to the question as to balance of convenience and inconvenÂience, nature of the decree and submissions made on behalf of both the parties and took the view that the execution proceedings should not be stayed. We do not think that the discretion has be..Category: Civil Law | Date: | Hits: 117
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