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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. ......his assurance and now Government cannot retrace its steps and say that he will have to pay Customs duty at the rate mentioned in subsequent Notification which reduced the exemption. This is clearly a case of estoppel inasmuch as the respondent had acted on the assurance given by the Government and a..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ion 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 manner of application in the case of the Judges of the Supreme Court and the Deputy Commissioner of Taxes had erred in applying t..

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. ...... for writing proper judgement may be necessary but having all the materials on record not deciding the appeal on merit due to some omissions in the judgement, cannot be a valid ground for sending the case on demand for writing a fresh judgement. Hence the appeal is allowed with direction to dispose ..

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. ......al. In the mean­time respondent filed Money Execution Case No. 19 of 1989 for realisation of the decretal amount. The appellant made an application for staying further pro­ceeding of this execution case; but the learned Judges of the High Court Division, by the impugned order dated 1 August 1989, ..

Category: Civil Law | Date: | Hits: 117

Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)

....f. Hence on all counts we find that the im­pugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ...... all. With the death of Raj Kumar in 1939 his successors-in-interest became simply trespassers………..(14) Title by adverse possession has to be specifically pleaded and proved. The appellant's case was one of acquisition of title by settlement. The trial Court found that the case of settlemen..

Category: Tenancy Law | Date: | Hits: 169

Zaker Hossain Vs. Abdur Rahim and Oth­ers, 1989, 18 CLC (AD)

.... available by way of election petition before the Tribunal. In the circum­stances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......lection if directed by the Returning Officers. Writ jurisdiction is not available in respect of election dispute except in exceptional circumstances such as coram non-judice or malice in law. In this case writ jurisdiction cannot be invoked as alternative remedy is available by way of election petit..

Category: Election Law | Date: | Hits: 152

Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......vil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Government of Bangladesh & ors...............Petitioners (In all the cases) Vs. Md. Hasan Shahid & ors...........................Respondents (In C. P...

Category: Employment/Service Law | Date: | Hits: 56

Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)

.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......1998 before the Administrative tribunal, Dhaka in Case No.344 of 1998 on the ground that retrospec­tive seniority given from 20.01.1991 was unlawful and the Administrative Tribunal allowed the case against which Government unsuccessfully preferred Appeal No.87 of 2001 before the administrati..

Category: Employment/Service Law | Date: | Hits: 80

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......ry by the defendant No.4 claiming himself to be the Ammoktar of Izzatullah Chowdhury, that having been driv­en out plaintiff No.2 took shelter in the house of her father and started a criminal case against the defendant No.4 and some others and they were convicted, but were acquitted by the ..

Category: Property Law | Date: | Hits: 67

Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)

....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. .......01.2002 was started under Sections 9(1) and 10 read with Section 30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and after investigation charge sheet was  submitted accordingly  and the case being sent for trial the learned Judge of the Tribunal framed charge against the accused petit..

Category: Criminal Law | Date: | Hits: 52

Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)

....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add addition­al grounds. Ed. ......he Special Tribunal Number 2, Khulna framed charge under section 6 of the Ordinance No. LX of 1983. In course of trial the prosecution examined 12 witnesses and the defence examined none. Defence case was that Monira hand many boy friends with whom she used to indulge in immoral activi­ties..

Category: Procedural Law | Date: | Hits: 100

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....sed on correct interpreta­tion of law and we do not find any cogent rea­son to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......sed on correct interpreta­tion of law and we do not find any cogent rea­son to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......vides for issuing proclamation for person absconding in a criminal proceeding and Section 88 of the Code of provides for issuing order of attachment of property of person absconding. In the instant case it is already noticed that the accused petitioners have been on record, even present in court ..

Category: Criminal Law | Date: | Hits: 42

Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)

....ngs under section 145 of the Code of Criminal Procedure. The submis­sions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......during the pendency of Title Appeal No. 63 of 2003. On the basis of a police report the learned Magistrate drew up a proceeding under Section 145 restraining both the parties from entering into the case land appointed the officer-in-charge of Barguna police station as receiver in respect of the d..

Category: Criminal Law | Date: | Hits: 70

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......t Division in Criminal Miscellaneous Case No. 470 of 2000 discharging the rule. 2. Short facts as disclosed in the petitioner are that the first party Cyma Zarrar claiming to be owner of the case property sold the same to the second party petitioner who engaged one Md. Goni as darwan but ..

Category: Procedural Law | Date: | Hits: 154

State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)

.... In view of the discussion made above, we do not find any illegality in the impugned judg­ment and order. The petition having no substance is, therefore, dismissed. Ed. ......im to imprisonment for life and to pay fine of TK. 10,000/-, in default, to suffer rigorous impris­onment for l(one) year more, both the sen­tences to run concurrently. 2.Prosecution case, in brief, is that co-accused Md. Shahidul  Islam alias H. M. Shahid abducted Asmaul Hos..

Category: Criminal Law | Date: | Hits: 34

Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)

....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......sed by the High Court Division in Criminal Miscellaneous Case No. 7081 of 2003 summarily rejecting an applica­tion under Section 561A of the Code of Criminal Procedure in Criminal Miscellaneous case No. 7081 of 2002. 2. Md. Chand Mahmud, Assistant Inspector, District Bureau of Anti-cor..

Category: Criminal Law | Date: | Hits: 57

Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)

.... giving our considera­tion to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dis­missed. Ed. ......n 1191(1)of  Nari-o-Shishu Nirjatan Daman Bishesh Ain, 2000. Being arrested on 20.04.2002 the petitioner was pro­duced before the court and has been in cus­tody since then and that the case being trans­ferred to Nari-O-Shishu Nirjatan Daman Bishesh Adalat the said court took cogn..

Category: Criminal Law | Date: | Hits: 41

Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)

....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......r stated further that under section 33 of the Artha Rin Adalat Ain, 2003 hereinafter referred to as the Ain invitation for bids/tender for sale of property may be made only twice but in the instant case bids were placed at least five times and thus there has been violation of provision of the Ain..

Category: Civil Law | Date: | Hits: 94

Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)

.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... 6. In revision a learned Single Judge of the High Court Division found that the plaintiff had acquired no title to the land, that the two orders were not applicable to the facts of the present case and that the cancellation of set­tlement of the plaintiff by applying paragraph 8 of a me..

Category: Property Law | Date: | Hits: 35