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Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (HCD)

....nd makes one liable to pay any amount by reason of any such document or statement as aforesaid or by reason of some collusion any duty or charge has not be levied or has been short-levied or has been erroneously refunded and requires a notice to be served upon such person within three years of relev......avit dated 29.08.07 was established in September, 2005 did not function for some time and as such, the petitioner could not avail of any remedy before such committee. It further reiterated that the review committee was established on 05.07.06 by an order of the National Board of Revenue long after t..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66

Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)

....6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140.   ......for the peti­tioner prevails and appears to have a good deal of force but I failed to discover any merit in the submissions advanced by the learned Counsel for the opposite party No.1 22. In view of the discussion made above and the preponderant judicial views emerging out of the authoritie..

Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3

Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)

....find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......ce of the petitioner cannot be cancelled on the basis of first inspection report since no irregularity was found on two other inspections. So, we find no merit on this argument. Rather, we are of the view that action can be taken by the Bank for any irregularities found on each inspection. In vie..

Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

....e under section 25(1)(b) of the Act. He also submits that the finding of the Labour Court that the termination of the respondents from service was for their trade union activities is misconceived and erroneous. He lastly submits that admittedly, the grievances for the alleged termination had already......l the Writ Petitions, submits that there, was no evidence on record to hold that the petitioner terminated the services of the respondents for their trade union activities. He further submits that in view of the-admitted fact that at the relevant time, the respondents-workers were not at all officer..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......sistible conclusion that the accused has committed the alleged offence and no other hypothesis other than the guilt of the accused can be inferred from the given circumstances. In the case under review, circumstantial evidence falls far short of the legal test to be the basis of conviction of th..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... but he posed a question why should then his father, mother and brother undertake the pains and make a futile attempt to carry him to the hospital if he had been really dead when they saw him. In our view the body of the deceased was still warm with pulsating of life in it that made them hopeful of ..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)

....ct a part of said receipts and enhanced the receipts on some extraneous considerations which had no basis to raise the rate of gross profit and the Appellate Tribunal erred in law in maintaining such erroneous assessments. 14. He also submitted that the Assistant Commissioner of Taxes acted illeg......licant made a application under section 173 of the Ordinance for correction of errors in both the assessments. But the appellate Tribunal by its order dated 10.06.2002 rejected the application on the view that the applications were not maintainable. 6. In Reference No.213 of 2002 the other applic..

Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31

State Vs. Saidul and others, 2007, 36 CLC (HCD)

....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ...... It is further stated that the alleged, dying declaration of the victim is not worthy of credence. 9. After hearing the parties and on an appraisal of the evidence and materials on record and in view of the facts and circum­stances of the case, the learned Judge of the Tribunal came to the fin..

Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ......aka in Bankruptcy Suit No.14 of 1999 and soon thereafter he contacted with his lawyer and after obtaining necessary papers he filed an application under section 40 of the Bankruptcy Act praying for review of the Judgment and decree dated 13.09.1999 of Bankruptcy Suit No.14 of 1999. Ultimately, the l..

Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....uld have to be 420+7 = 60 feet at best. 14. Leave was granted to consider the submis­sions of Mr Ziaur Rahman Khan, learned Counsel, in Civil Petition No.829 of 2000 that "the High Court Division erroneously held that there were procedural lapses, which is not the case, inasmuch as the writ peti......e order of cancellation passed by the RAJUK in respect of the plan issued earlier in favour of the writ-petitioners. Since the applicants shall stand or fall along with writ-petitioners we are of the view that the presence of the applicants sought to be added as 6-10 are not necessary for the determ..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)

....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ...... 67. It will be most unsafe to base the con­viction relying upon the testimony of highly interested witnesses without any corroboration by the independent and disinterested witnesses. 68. In view of the discussion made above and the facts and circumstances of the case and the evidence on re..

Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159

Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)

....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ...... appointment of the respondent No.3 as Principal was made by the Governing Body of the College, which is the proper authority, and since the petitioners have nothing to be afraid of at the present in view of the change in the Political arena of the country and the government, they may now move the G..

Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26

Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)

.... passed by the learned Additional District Judge is a speaking judgment and there is no reason to interfere with the judgment which is well reasoned and the learned Trial Judge decreed the suit under erroneous notion of law and misreading of evidences on record which have been correctly adverted to ...... any including themselves as a member of the School Managing Committee in the donor category by filing an application and as such they are stopped to claim any benefit in respect of the suit land. In view of the said will they will be barred by law of estoppel which will operate against them. 12...

Category: Property Law | Date: 6 Jun, 2007 | Hits: 27

Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)

.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ...... reasonable doubt that he or she, as the case may be, is guilty.………………………..(25) In a criminal case it is the duty of the court to review the entire evidence that has been produced by the prosecution and the defence. If after an exam..

Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......e witnesses as well as victim of the occurrence in their respective testimony consistently stated the manner of the occurrence. Finally, the learned Deputy Attorney General submits with force that in view of the evidence of the victims namely P.W.3 and P.W.4 coupled with statements of star accused K..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20

State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)

....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ...... having no direct partici­pation by inflicting injury on the person of the deceased. In another case of State Vs. Ershad Ali Sikder reported in 8 MLR 133 their Lordships have also echoed the same view in order to fix-up the joint liability of several accused who have committed the offence in fur..

Category: Criminal Law | Date: 27 May, 2007 | Hits: 5

Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)

.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ...... being No.50/1982-83 before the concerned CO (Revenue) and got an ex parte order on 14-11-82 allowing redemption of mortgage on the strength of the agreement dated 16-11-1959. The plaintiff filed a review petition before the concerned CO (Revenue) and that was allowed. The Miscellaneous Case No.50/8..

Category: Property Law | Date: 27 May, 2007 | Hits: 9

Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)

....ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......by established past action of settled conduct. The representation must be clear and unambiguous, it could be a representation to the individual or generally to a class of persons." 13. This view also receives support in the cases of Golam Mustafa Vs. Bangladesh reported in 15 BLT 128 = 4 ..

Category: Others | Date: 16 May, 2007 | Hits: 4

Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)

....ter President's Order No. 16 of 1972 came into operation. So, the property was rightly enlisted as abandoned property by operation of law. The learned Counsel adds that the Court of Settlement most erroneously shifted the onus upon the Government to prove that the case property is an abandoned p......hers. 12. It further appears to us that the Court of Settlement wrongly held that the Government failed to show as to how the case property came under its control and management. 13. This view of the Court of Settlement is absolutely erroneous, inasmuch as the Court of Settlement shifte..

Category: Property Law | Date: 6 May, 2007 | Hits: 5

S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)

.... the Petitioner has obtained the instant Rule. 7. Mr. S. M. Abul Hossain, the learned Advocate for the Petitioner took me to the Judgments of the Courts below and submitted that the Courts below erroneously hold that there exists no landlord and tenant relationship between the opposite party an...... rent with the Rent Controller made an application which is not tenable in law. 13. On perusal of the exhibit-5, 7 and 7(1) it shows that the petitioner was a tenant under the opposite party. In view of the above the Courts below although was not justified in holding that there was no relations..

Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149