Search Options
Judgment Advanced Search
Displaying 6321-6340 of 6460 results.
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... to it and should also pay heed to the recommendations of the Tariff Commission when protective custom duty is involved. In coming to a decision in respect of each item the committee must have in its possession contemporaneous documents to show that the international market price of a particular ite...... 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. ...... Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......ds the declared value of which is higher than its tariff value fixed under this sub-section shall be chargeable with customs duties on the basis of its declared value. 9. The appellants raised the question in the writ petitions as to whether the aforequoted delegated power of the Government to fi..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. ......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. ......erred to- Amaresh Chandra vs. Bangladesh, 31 DLR (AD) 240, Nasir Ahmed vs. Assistant Custodian, AIR 1980 (SC) 1157), Bangladesh Telecom vs. T&T 48 DLR (AD) 20. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellants Khondker Mahbubuddin Ahmed, Senior Advocate, instructed......the impugned orders were passed and thus allowed itself to a patently erroneous decision which is wholly unsustainable. Mr. Ahmed submitted that the High Court Division suo motu chose to consider the question of authority of the Government to cancel/suspend the licence which was neither the case of ..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......eme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Hafizuddin (Md) and three others……………………. Petitione......ed to advert to. 9. We have gone through the petitions of the petitioners before the Administrative Tribunal. Nowhere do we find invocation of any fundamental right for enforcement. Nor any question of fundamental right was agitated before the Tribunals below. As such, we do not see how t..Category: Administrative Law | Date: | Hits: 159
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....ging misappropriation of property by the respondents as alleged. The petitioner’s further allegation is that the Police recovered the property listed in the First Information Report from the possession of respondent No. 2. 3. Police submitted charge-sheet after investigation a......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 ...... The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......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 ..Category: Criminal Law | Date: | Hits: 93
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....esne profits. He has drawn our attention to the definition of “mesne profits” (section 2 (11)) in the Code of Civil Procedure and contended that even if the tenant is found to be a defaulter, his possession cannot e said to be wrongful or that of a trespasser in order to make him liable for mesn......the next month for which the rent was due. The plaintiff alleged that the defendant was a habitual defaulter. 3. Mr. Fazlul Karim, learned Advocate for tire petitioner, submits that since the landlord accepted the rent beyond the 7th day it could not be said that there was default made by th...... Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Primal Ranjan Das ……………….. Defendant-Petitioner Vs. Nasima Khatun …………………..Plaintiff-Respondent Judgment January 22nd, 1997 Lawyers Involved: Fazlul K...... etc. The present suit was not an SCC suit but regular Title Suit and there is no reason why mesne profits cannot be allowed. As for the amount we cannot permit any argument at this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dism..Category: Tenancy Law | Date: | Hits: 70
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
.... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ......dge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ......the victim-complainant was not considered by any Court. 3. As to the last submission, it is to be observed that the offence under section 376 is non - compoundable and, as such, there is no question of withdrawal. The doctor who examined the victim girl was not available and therefore ano..Category: Criminal Law | Date: | Hits: 53
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......urt of Munsif, Habiganj a suit, Title Suit No. 96 of 1958, against defendant Nos. 1-7 and their constituted attorney defendant No. 8 for specific performance of a contract for sale of the disputed land. The suit was eventually decreed on 31 January 1967 with a direction to defendant No. 8 to exe......dents Judgment May 15th 1997 Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For the Petitioner. Abdul Aziz, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For Respondent Nos. 1-4, 6, 10-14. ......the High Court Division with an application marked as Civil Revision No. 169 of 1989 Sylhet/626 of 1990 Dhaka under section 115 of the Code of Civil Procedure and obtained a Rule therein calling in question the validity of the order. A learned Single Judge of the said court; by judgment an..Category: Property Law | Date: | Hits: 84
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....inst respondent Nos. 2-5 for specific performance of contract. The suit was decreed on compromise on 121191 and in execution of the said decree Title Execution Case No 2 of 1991 the petitioner got possession of the disputed property on 18 2 94 On 1394 the predecessor of respondent Nos. 1(a) 1(f)......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......tafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J. Abdul Kaiyum (Md) …………………...Plaintiff -Petitioner &......ion and do not mean that he shall have to establish his claim to retain his present possession, that is to say, the decree-holder has to file the suit under rule 102 for possession for deciding the question of title because in a case under rule 101 the executing court can deal only with bonafide ..Category: Property Law | Date: | Hits: 64
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 ...... (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Appellant ......t of a Certificate granted under section 66A (2) of the Income Tax Act, 1922 by a Division Bench of the High Court Division in Application Nos. 30 and 31 of 1989 in which the appellant formulated 5 questions of law for decision of the High Court Division under section 66(1) of the Income Tax Act,..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......s dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......for withdrawal of the prosecution. 3. In revision, as already noticed, the State did not press the earlier Rule and consequently the same was discharged for non-prosecution. Now the material question is, when the Government did not pursue its application for withdrawal under section 494 of..Category: Criminal Law | Date: | Hits: 63
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....; Latifur Rahman J.- Plaintiff-respondents filed Title Suit No. 71 of 1989 under section 9 of the Specific Relief Act for restoration of possession of his suit shop by evicting defendant No. 1 Md. Abdur Rouf and the suit was decreed by......to dispossession of the plaintiff, the suit for restoration of possession was filed. 3. Defendant No. 1 contested the suit by filing a written statement contending, inter alia, that the suit land belonged to Abdul Majid Wakf Estate and after the death of Abdul Majid his son Abdul Noor bec......(Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment April 23, 1995. Lawyers Involved: Syed Dasta......on to a third person and consequently decreed the suit for restoration of the plaintiff’s possession. From the pleading it appears that the title suit between the parties is pending where the question of title between the parties will be adjudicated. The learned Single Judge has not committ..Category: Property Law | Date: | Hits: 61
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 ...... 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 ...... ......on in Civil Order No. 2474 of 1996). Judgment: Latifur Rahman J: This Appeal following leave by the appellant who was an election petitioner, calls in question the judgment and order passed by a Single Judge of the High Court Division in Civil Order ..Category: Others | Date: | Hits: 87
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......hers………………………Respondents Judgment March 27th, 1997 Lawyers Involved: Abdur Rab Chowdhury, Senior Advocate instructed by Md Nawab Ali, Advocate-on-Record- For the Appellants. Mainul Hosein, Advocate......ified in the official Gazette, prescribe grades and scales of pay and other terms and conditions of service for all or any such persons or classes of persons”. 8. Thus, the vital question is, whether the order dated 10-8-94 of the Implementation Cell of the Ministry of Finance..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....hort outline the law on the basis of which damage is measured in respect of tortious liability, to put the appeal in its true perspective. 10. Trespass is a wrong in tort to another’s possession and it is actionable per se without proof of actual or special damage, because every per......I and Taylor vs. 0’ Connor, (1970) 1AI1ER 365. Salmond on Torts, 19th Edition (p.59); McGregor on Damages, 15th Edition, at p. 249; The Mediana (1900) AC 113 (116); Halsbury’ Laws of England (4th Edition); Salmond Torts at page 592 (19th Edition); Salmond Torts at page 593 (19th, Edit...... Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment ...... 215 of 1990) Judgment: Mustafa Kamal J: The only point for determination in this appeal by leave by the defendant-appellants is, it being accepted as a concluded question of fact that the defendant-appellants trespassed into the land of the plaintiff respondent..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....sideration of Taka 8,000.00 and after receiving the entire consideration money sold the disputed building to respondent No. 1 by executing a registered deed of sale on 10-9-73. Respondent No. 1 got possession in the disputed building and had been in possession therein. He is also a national and ...... 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 ......ellip;………………….. Respondents Judgment November 26th, 1996 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Mr B Hossain, Advocate-on- Record—For the Appellant Khandker Mahbubuddi......on in interfering with the findings of fact made by the Court of Settlement as if sitting on a over the same and, as such, the impugned judgment is liable to be set aside. (ii) An important question of principle involved in the case because of the manner in which the High Court Division e..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......s relevant for disposal of this appeal are that, respondent No. 2 Jafar Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate, Chittagong alleging that he purchased the case land in 1970 and had been possessing the same. He allowed his cousin Nurul Anwar to set up a Soap F......ng the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......f complaint was referred to the Thana Rural Development Officer for enquiry. 4. Leave was granted to consider submission of the learned Advocate for the appellant that the document in question having been produced in CR Case No. 116 of 1983 in the Court of Upazila Magistrate, Anawar..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......Judge of the Court of Sessions, Dhaka & other…………… Respondents Judgment 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney Ge......hing to indicate that the Government has reserved any power under section (2) to hold the sitting of a Court of Sessions at al particular place for holding the trial of a particular case. The only question is, whether the latently available under section 9(2). 6. The learned Counsels for ..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......dicial notice. Then it provides: In all these cases and also on all matters of public history, literature, science or art, the coup may resort to appropriate books or documents of reference. In England living authors are not regarded as authorities for purpose of admissibility as he so be examin...... same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... charge of murder and grievous hurt passed by a Division Bench of the High Court Division by the impugned judgment and order dated 13 August, 1995 in Criminal Appeal No. 258 of 1992, some important questions of principle relating to disposal of a criminal appeal have been raised on behalf of the ..Category: Criminal Law | Date: | Hits: 77
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 ......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 ...... Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Chairman, Chittagong Port Authority & another…………….Appellants Vs. Ministry of Defence and others………………Respondents Jud......ayment of the dues and our charges of the Port Authority. The appeal is by way of leave under Article 103(3) of the Constitution of the People’s Republic of Bangladesh, which is limited to a question of law. The question involved is whether the learned Admiralty Judge acted beyond his juri..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......cting an application for review of its judgment and order dated 13 November 1996 in Civil Revision No. 1993 of 1996. 2. The suit out of which the petition has arisen relates to 5.35 acres of land comprised within CS Khatian No. 34 of Mouza Khajahaji under PS Kapasia of the district of Gazi......) 151 ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71
569567565564563562561560559557556555554553552551550549548547