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Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....ccordance with law. That some persons and companies importing and also trying to further import low quality goods mentioned as aforesaid manufactured by other foreign companies in violation of the provision of section 50 of the Customs Act, 1969 causing huge financial loss to the petitioner comp...... 8885 of 2006 with 8885 of 2006. Judgment Mamnoon Rahman J. - Both these Rules were heard together and disposed of by this single judgment as they do involve similar question of fact and law as well as the petitioner is same. 2. In Writ Petition No.8679 of 2006 Rule was issued ca..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....terpretation to this two regimes and, (b) to what extent within that general exercise of interpretation and in applying the notion of the precedence and relative application of laws certain of the provisions of one regime can be said to prevail over the other. The exercise so initiated by the ......or the years 2003 and 2004 as per a SEC directive dated 4.9.2005 which has already been declared by this Court in its judgment in Matter Nos.134 of 2005 and 149 of 2007 to have been issued without lawful authority. It is submitted further that at that earlier date when the meetings for the yea..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....Mayor, DCC for releasing his .64 acre of land from acquisition proposal. In reply to the application, the DCC stated that the land in question was acquired by respondent No.1 after complying with the provisions of law as evidenced by Annexure-C1 dated 10.4.2008. On query, the petitioner came to know...... 2008. Judgment Syed Mahmud Hossain J.-Writ Petition Nos.1448 of 2008 and 3071 of 2008 having been heard together are disposed of by this common judgment as they involve common questions of laws and facts. In both the Writ Petitions the petitioners challenged the L.A. Case No.1/2007-2008 t..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....তির স্থাবর-অস্থাবর সম্পত্তি সরকারের অনুকুলে বাজেয়াপ্ত হইবে। 16. Close reading of aforesaid provisions of section 26 and 27 of the ACC Act, 2004 and rule ১৫ঘ (1) and (5) of the EP Rules,......nding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be declared to have been initiated and continued without any lawful authority and as such, of no legal effect and as to why the rule 15 of the Emergency Powers R..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......tion he refers the case of Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others reported in 44 DLR (AD) 260 wherein it has been held: "Relation between general law and special law availability of remedy if any legal remedy is ordinarily available under both..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 311.......ari-O-Shishu Nirjatan Daman Ain, 2000 vide order dated 18.05.2003. 4. Mr. S.N. Goswami, learned Advocate, appearing for the petitioner submitted that the High Court Division committed an error of law in not given effect the apprehension expressed by the complainant appellants engage lawyers Mr. ..Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....gainst the accused. 21. These are all of the evidence on record adduced by the prosecution to prove the charge. 22. At the very outset and for the convenience of understanding relevant provisions of law prescribed in sections 2(e) and 25(1) of the Special Powers Act, 1974 which are ne......ept the diesel and kerosene for the purposes other than gain whether financial or otherwise. Secondly, the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of ju..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....zharul Huq Vs. Bangladesh Biman Corporation and Others (2008) 13 MLR (AD) 1, the Appellate Division held that the order of retirement from service made in respect of the appellant according to the provision of Regulation 11A(2) of the Regulations was without lawful authority and was of no legal ......dents Judgment June 4, 2008. Result: The Rules are made absolute. Amendment of a plaint dates back to the filing of the suit. But the amendment of a substantive law by way of repeal or addition cannot date back to the date of its legislation unless expressly ..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......t the diesel and kerosene for the purposes other than gain whether financial or otherwise. Secondly the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of just..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....te. In considering an application or a prayer made by a party the court will see the contents of the application and it can give a relief under the appropriate law even if a wrong provision of law is quoted or mentioned………………………….(8) Lawyers Involved: ...... Rule is made absolute. In considering an application or a prayer made by a party the court will see the contents of the application and it can give a relief under the appropriate law even if a wrong provision of law is quoted or mentioned………………………….(8) ..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....he filed a miscellaneous case being No.92 of 1990 for setting aside the order of dismissal passed in the said title suit which was also dismissed for default. Therefore, the suit was barred under the provisions of rule 9 of Order 9 of the Code. In the application it was also contended that as the su......ling a fresh suit within the meaning of the said rule of the Code, so the plaint was liable to be rejected. But the learned Additional District Judge totally failed to consider the said provisions of law and thus committed error of law resulting in an error occasioning failure of justice in pass..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....filed a miscellaneous case being No.92 of 1990 for setting aside the order of dismissal passed in the said title suit which was also dismissed for default. Therefore, the suit was barred under the provisions of rule 9 of Order 9 of the Code. In the application it was also contended that as the s......nue unless the other co-sharers give the plaintiff his due share partitioning the suit land by metes and bounds………………(6) Public policy is equivalent to "policy of the law". And "policy of the law" cannot be to deprive a person from his legitimate share in the ejmali..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
....oner moved this court and obtained this Rule. 4. Mr. Bhishmadev Chakraborty, learned Advocate for the accused petitioner, submits only one ground i.e. the instant case is not maintainable as per provision of law. Learned Advocate submits that, 4 cheques were dishonored but one legal notice was ......ingular countable nouns refers to one of a number of things or people when it does not matter which one. [Oxford Advanced Learner's Dictionary, Sixth Edition]. "Any" has been interpreted in different laws as to the intents of the statutes or the law. In the Law Lexicon by Pramantha Aiyar and has bee..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ...... 409 read with section 109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 now pending before the Senior Special Judge at Dhaka should not be declared to be without any lawful authority and of no lawful authority. 2. Short facts for disposal of the Rule are that..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
..... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......Penal Code is constituted but the complainant disowned such facts. Such facts absolutely the defence materials and still the same are not the part of the record. Be that as it may, the proposition of law is now well settled that on the basis of the defence plea or materials, the criminal proceedings..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
.... the vital fact of their nationality. Any instruction for not enrolling Non-Bangladeshi persons in the voter list is lawful.
14. It is further stated that voter list is prepared in accordance with provisions laid down in the Electoral Roll Ordinance, 2007. Anybody whose name does not appear in th......he Election Commission has not appeared. An affidavit-in-opposition on behalf of respondent No.3, the secretary of Ministry of Home Affairs was filed. In the affidavit, it is stated that according to law the Urdu-speaking people living in Geneva Camps are not living temporarily. These camps were set..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....erial statements made in the plaint and contending, inter alia, that the plaintiffs had no cause of action to file the suit. The suit was not maintainable in its present form and was barred under the provisions of section 42 of the Specific Relief Act as well as section 11 of the Code of Civil Proce......ave petition was dismissed by the Appellate Division observing as under: "The learned Subordinate Judge in dismissing the suit, interalia, found that since complicated question of law as well as facts was involved in the suit a simple suit for permanent injunction was not main&sh..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
.... any ingredients of “ঋণ” (loan) whatsoever. 8. Mr. M. Saleem Ullah, finally contends that whether the transaction made in between the parties comes within the definition of loan as per provision of section 2 (kha) of the Ain is a disputed question of fact requiring evidence to be dec......by the respondent No.3, Artha Rin Adalat, Chittagong (Annexure-C) rejecting an application under Order VII rule 10 read with section 151 of the CPC should not be declared to have been made without lawful authority and is of no legal effect. 2. The fact in brief is that the respondent No.2,..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....rd falls under the purview of section 4(kha) i.e. (B)/9 of the Ordinance and whether prosecution has succeeded in proving the allegation levelled against the accused appellant Islam. 36. Aforesaid provision of section 4(kha) i.e.(b)/9 is as follows: ''4. Penalty of kidnapping or abduction of w......3-1995 and rushed to Puratan Satkhira police camp and interrogated Shikha Rani; that on interrogation, she admitted that at about 9-15 PM when the victim along with her sister Shikha Rani, brother-in-law Niranjan Karmakar, brother Ratan Karmakar and brother's wife Molina Rani were returning home aft..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
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