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Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......estion of law of great public imÂportance is involved. The matter relates to the capture of three Thai Fishing Trawlers within the territorial waters of Bangladesh and consequent order passed by the Customs authoÂrities. The question is whether they were capÂtured within the territorial waters of..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......din Ahmed, J:-This appeal of special leave calls in question an order of the High Court Division dated May 3, 1977 refusÂing to quash a criminal proceeding started unÂder section 167(81) of the Sea Customs Act which was challenged by the accused-appellant taking the plea of his previous acquittal ..Category: Criminal Law | Date: | Hits: 42
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......, but used it correctly and exactly. In the case of Spillers, Limited vs. Cardiff (Borough) Assessment Committee etc. the word 'contiguous' occurring in sub-section (3) of section 3 of the Rating and Valuation (Apportionment) Act has been construed. In the appeals preferred against the orders of asÂ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......2. The facts leading to the question are that the appellant who travelled from BangÂkok to Dacca on 27.3.77, had not allegedly declared all the foreign currencies he had with him. When, however, the Customs Officials were about to search his persons, the appellant declared that he had some more und..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......DLR 187; Emperor v. Nazir Ahmed, AIR 1945 PC 18 at p. 22; West Bengal v. S.N. Basak, AIR 1963 SC 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 SC 1639 at 1641; Golam Mohammad Vs. Mozammel Khan, (1967) 19 DLR SC 439 and Govern..Category: Criminal Law | Date: | Hits: 66
Coal Controller, GovernÂment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....eme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Coal Controller, Government of Bangladesh........................Petitioner Vs. Ventur......petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ..Category: Others | Date: | Hits: 90
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
....e petitions. The High Court Division, by two separate Judgments, bearing the same date, 6 January 1993, allowed two corresponding Civil Revision Nos. 674 and 675 of 1990 and directed thereby the Rent Controller to accept a monthly deposit of rent made by the tenant under section 19 of the Premises R...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......;charge of a small coastal Pakistani trawler, Sea Hawk. He along with the crew was tried by the Special Tribunal No. 3 Bagerhat in Special Tribunal Case No. 12 of 1989 under section 156 (1) (8) of Customs Act 1969, Section 14 of the Foreigners Act and section 25B of the Special Powers Act, 1974 ..Category: Criminal Law | Date: | Hits: 62
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Banglades..Category: Administrative Law | Date: | Hits: 122
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......f smuggling of gold into Bangladesh. Smuggling particularly of gold has been defined in the Special Powers Act and this definition is exactly the same as that of smuggling under section 156(8) of the Customs Act. The offence is one and same. Therefore there is no question of joinder or misÂjoinder ..Category: Criminal Law | Date: | Hits: 132
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......nd the court as regards the second defendant which, in addition to being an ordinary agent of the first defendant, had incurred a statutory liability under clause (d) of section 64 of the Sea Customs Act to discharge "all claims for damage or short delivery" that may be establishe..Category: Civil Law | Date: | Hits: 110
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......given against the petitioner. If he has to deposit half of the decretal dues at the time of the filing of the appeal, that is a condition of appeal in a regular suit with which Income Tax Appeals and Customs appeals cannot be equated. 5. Mr. Asrarul Hossain next submits that the Petitioner's liab..Category: Civil Law | Date: | Hits: 139
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....efendant 3 was not impleaded in the said suit. The defendants 1 and 2 secretly deposited rent in 1966 at the rate of Taka 17.50 paisa in respect of the suit premises in the court of House Rent Controller in the name of Custodian, Enemy Property and Shakti Benode and others and thereaft......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....ing co‑sharer in the suit premises cannot be evicted: that plaintiffs demanded enhanced rent from the defendants and the defendants refused to pay the same and thereafter deposited rent in the Rent Controller Case No. 18 of 1980 in the name of plaintiffs and others. 4. After filing of the writt......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....aintiffs suit was maintainable when the lessor's case was not one of default nor one of bonafide requirement and the tenant was holding over as a statutory tenant, paying regular rent before the Rent Controller. Leave was also granted to consider as to whether the learned Single Judge of the High Co......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....quiry and Court of Enquiry and his service was terminated for his failure to take adequate precautionary measures during the cyclone. He has also filed a copy of the letter dated July 28, 1993 of the Controller General of Defence Finance, Ministry of Defence intimating him that payment of Special Ad...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......ll that they have done so far…………..(23, 25-28). Cases Referred to- V Lakshmipathy vs. State of Karnataka reported in AIR 1992 Karnataka 57; RV Paddingtom Valuation Officer Ex P Peachey Corporation Limited vs. State (1966) 1 QB 380 (400). Lawyers......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... 4 MLR (AD) 347; Khurshed Alam vs. Bangladesh 47 DLR 299; Madan Lai vs. Sub Divisional Magistrate and another AIR 1965 Madhya Pradesh 18; Dhaka Warehouse Ltd and another vs. Assistant Collector of Customs and others 1991 BLD (AD) 327; Osman Gazi Mondal vs. Mainuddin Ahmed and others, 27 DLR (AD)..Category: Civil Law | Date: | Hits: 103
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