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State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....ector Md. Rafiqul Islam and cognizance taken by the Tribunal in the present case being contrary to and in violation of the requirements of section 23(2) (3) of the Foreign Exchange Regulation Act are bad in law. From the scheme of the Foreign Exchange Regulation Act it can be said without any hesi..Category: Fiscal/Taxation Law | Date: | Hits: 75
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
.... any default in the payment of two successive installments, as per the privileges allowed, filed the suit, which, therefore, is improper as well as against the principle of natural justice and bad in the eye of law. 6. Considering the fact and circumstances of the case, we do not find..Category: Civil Law | Date: | Hits: 136
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....55,57 and 58 contested the suit by filing joint written statement denying the material allegations made in the plaint contending, inter alia, that the suit for partition is not maintainable and it is bad for defect of parties and for not bringing the joint property into hotchpotch of the suit. Their..Category: Procedural Law | Date: | Hits: 105
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....g on record to show that the imposition of supplementary duty at the rate of 15% as well as the imposition of flood surcharge on the supplementary duty is not authorized by any law or is otherwise bad in the eye of law. The imposition of the supplementary duty under the authority of Section 7 of..Category: Fiscal/Taxation Law | Date: | Hits: 112
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....but the persons concerned representing the Company, who are party in the issuance of the dishonoured cheque in reference, having been made party in the proceeding, the proceeding cannot be said to be bad for defect of party inasmuch as the punishment, if any on proof, is to be inflicted upon the nat..Category: Criminal Law | Date: | Hits: 163
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....Sikder and Muslam Sikder. The pre-emptee petitioner is a stranger purchaser. 3. The pre-emptee-petitioner contested the pre-emption case by filing a written objection contending that the case is bad for defect of parties and hopelessly barred by limitation. The transfer in question was within t..Category: Property Law | Date: | Hits: 61
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....e Artha Rin Adalat Ain and the decree attained its finality. The judgment debtor shall have no right to redeem the said mortgaged property and as such the judgment of the High Court Division is bad in law and is liable to be set aside. He further submitted that the High Court Division manife..Category: Property Law | Date: | Hits: 106
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....the Enforcement Directorate obtained a search warrant from the Chief Presidency Magistrate, Bombay under section 19 of the Foreign Exchange Regulation Act authorizing him to search shop No. 157 at Mumbadevi Road, Bombay and seize incriminating documents etc, for the purpose of the enquiry into offen..Category: Fiscal/Taxation Law | Date: | Hits: 129
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....er has come up with the instant application. The learned Advocate appearing for the leave petitioner submitted that the High Court Division has erred in not considering that the decree as passed is bad, since the suit has been filed with a claim containing the interest amount, which is more than ..Category: Civil Law | Date: | Hits: 140
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
.... sharers in the case holding and thus they have no locus standi to institute the pre-emption case. Many co-sharers of the case holding were not made parties to the pre-emption case and the case is bad for defect of parties. The original owners Jabal Hossain and others sold 2 kanies of land to Im..Category: Property Law | Date: | Hits: 29
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....e of law. The learned Assistant Judge found that the cases are not barred by limitation and the story of investment by the opposite party No.1, after purchase, was not proved and the cases were not bad for defect of parties, but the petitioner failed to prove her intention to preempt the case land..Category: Property Law | Date: | Hits: 33
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....P.W.4 it is seen that his sons Iman and Ibrahim are in possession of a portion of the suit land by purchase from defendant No. 2 and they have lot been impleaded in the suit and as such he suit is bad for defect of parties, that the finding of the courts below as regard the solehnama is not acce..Category: Property Law | Date: | Hits: 35
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....Ali, Advocate-on-Record - For the Appellant (In both the Appeals) K. S. Nabi, Attorney General (Bhuiyan, Additional Attorney General, Shahabuddin Ahmed, M. Farooq, Deputy Attorney General, Obadul Raham, Mustafa and Baziur Rahman, Assistant Attorney General with him) Sharifuddin Chaklader..Category: Constitutional Law | Date: | Hits: 167
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....e Court for disposal on due consideration of the evidence on record, that appellate Court was in error in reversing the judgment of the trial Court inspite of the fact that the plaintiff's suit was bad for not describing the land in suit as requires by the provision of Order 7, Rule 3 of the Code ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....hough under Article XI of the Loan Agreement they were bound to accept the same. The securities and guarantees provided by the Directors of Tapashee are all fake and therefore, the Sangstha with a bad motive had decided to proceed against the Dockyard Group falsely claiming joint and several lia..Category: Business or Commercial Law | Date: | Hits: 311
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....er submits that the order of cancellation was cancel by respondent No.1 by order dated 20.11.2004. But the respondent No.1 vide letter dated 08.11.2004 after the order of stay which is illegal and bad in law. The learned Counsel for the petitioners has submitted that the petitioners be continued..Category: Constitutional Law | Date: | Hits: 132
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....6. It is pertinent to mention here that in India after the 3 Judges cases, the Law Commission of India considering all aspects of the matter, submitted its report with recommendation pointing out the bad aspects of the 3 Judges cases as under: "As already stated this delicate balance has been up..Category: Constitutional Law | Date: | Hits: 251
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....n depositing the deed value together with the compensation amount as per law and that the pre-emptee contested the case by filing written objection asserting, amongst others, that the case is bad for defect of party and that the pre-emptor-petitioner is not a co-sharer in the case jote and ..Category: Property Law | Date: | Hits: 38
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....als heard in accordance with law only after disposal of his applications for waiver in reference and thereby the principle of natural justice has been violated and therefore the impugned orders are bad in law. 8. Since it appears that the assessee-petitioner was/is agreeable to pay the pr..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
....r leave to appeal. 8. Mr. Bivash Chandra Biswas, the learned Advocate-on-Record for the petitioner submits that the High Court Division erred in not considering that the pre-emption case is bad for defect of parties. He further submits that from the evidence on record the learned trial c..Category: Property Law | Date: | Hits: 26