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Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......sdiction or clear or patent excess of jurisdiction or patent malafide without requirement of further proof. Interim orders may also be made in furtherance of public interest when gross violation of law is apparent on the face of the application, where grave injustices are perpetrated or are abou..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ...... daughters, namely, Jamuda Akhter Khatoon and Haimida Akhtar Khatoon. The accused petitioner Showkat Hossain Akanda Chowdhury is the nephew, of Sabirul Hossain Akanda Chowdhury and also his son-in-law having married Hamida Akhter Khatoon. Jamuda Akhtar Khatoon made a complaint that one year afte..Category: Criminal Law | Date: | Hits: 92
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......as totally wrong in holding that the accused petitioner cannot be tried under Act II of 1947 along with other Penal Code offence. Hence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Report..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......nted to consider mainly broad submission that the other accused having been acquitted upon a disbelief of the prosecution case, the conviction of the appellant on the self same evidence was bad in law and discriminatory. 4. It is necessary to observe at the outset that we do not ag..Category: Criminal Law | Date: | Hits: 104
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......been held by the Court below that the Union Parishad was not prejudiced as it contested the plaintiff’s suit. It is not a question of prejudice but one of fulfilling a condition prescribed by law before is filing a suit against a Union Parishad. 6. Mr. Karim has found himsel..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......was not granted to consider whether (i) in view of the postal peon’s evidence that the notice under section 106 of the Transfer of Property Act had been duly serve, the High Court Division erred in law in holding contrary to the decision of this Division in the unreported case of Haque Brothers Lt..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......n in Writ Petition No. 2822 of 1996 making the Rule absolute and declaring Public Notification No. 21(95-96) Import dated 24 January 1996 (Annexure-A to the writ petition) to have been made without lawful authority. 2. CPLA No. 606 of 1997 has been presented by the Vice-Chairman, Exp..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......respect of the suit premises by way of purchase the Suit for eviction on the ground of default in payment of rents was to fail. The learned Judge of the High Court Division has, therefore erred in law in refusing to set aside the decree passed by the trial Court. 5. It is the consi..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ...... of their suit cases or that they resisted the search. He submits that they two foreigner-appellants from the very moment of the seizure of gold at the customs hall submitted meekly to the hands of law and never displayed any conduct or behaviour that is suggestive of any insolence or contempt o..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......cted the Deputy Commissioner, Dhaka to record an order to the effect that the acquisition proceeding stood abated. 5. Mr. SR Pal, learned counsel for petitioners, submits that there is an error of law apparent on the face of the record in deciding the matter in holding that the determination of t..Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......he original suit, the suit was decreed ex-parte. In a case under Order 9 rule 13 challenging the ex parte decree on the ground of non-service of summons on the given circumstance is not tenable in law…………………………..(5) Lawy..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ...... respondents are liable to compensate. Restoration of the power line within seventeen hours in the manner not helping restoration of the power in the cooling plants is no restoration in the eye of law. The plaintiff appellant is entitled to the statutory interest under section 47B of the Insuran..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......e of Civil Procedure, 1908 (V of 1908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be reje..Category: Property Law | Date: | Hits: 52
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......ree dated 23 January 1992, set aside the said appellate judgment of reversal and restored that of the trial Court on the view that the judgment of the lower appellate Court suffered from errors of law. 7. The contesting defendants now seek leave to appeal from the said judgment of the Hi..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... whether the case property was an abandoned property or not. As the property being found not abandoned property, the rival claimants are to establish the extent of their ownership in due process of law, if not already determined. …………………(9) ..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......ling of the products of both parties. The said suit is still pending and the order of status quo subsists. Now a contradictory order has passed in another suit and the High Court Division erred in law in maintaining the order of injunction passed by the learned Additional District Judge without ..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ...... of Property Act was dated 8-11-87 and the same was served on 9-11-87 on the defendant terminating the tenancy with the expiry of 30-11-87 and consequently 15 days’ notice as contemplated under the law was given in the instant case. It is true that in the original agreement of tenancy with the pla..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......have been settled concurrently by the trial Court and the High Court Division on a detailed assessment of the evidence, both oral and documentary. The learned Counsel could not make out any breach of law or of procedure in the findings of the courts below. The expert’s opinion is not a substantive..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......in holding that the revision was incompetent. 8. Mr. Akram Hossain Amin, learned Advocate-on-Record for the appellant, submits that the High Court Division has misconceived the very principle of law relating to the amendment of the plaint. 9. Order VI rule 17 CPC provides that the Court ma..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......an defendant No. 2 along with he himself as the donee. It is asserted in the plaint that defendants Nos. 1-3 have no right, title and possession in the Suit land. 2. Defendant No. 3 and her son-in-law defendant No. 1, who is also a brother’s son of Haji Abdullah contested the Suit by filing a j..Category: Property Law | Date: | Hits: 93