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Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....vely and on the basis of that calculation the respondents claimed Taka 9, 74, 13,992.99 by way of customs duty and other charges instead of the genuine claim of Taka 1,61,56,87.93, which is 6/7 times higher than the actual duties. 11. Being confounded and aggrieved with this calculation method ......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ...... the accused taking the plea of alibi to prove it with certainty so as to exclude the possibility of his presence at the place and time of occurrence. An obligation is cast on the court to weigh in scale the evidence adduced by the procession in scales the evidence adduced by the prosecution in ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... the accused taking the plea of alibi to prove it with certainty so as to exclude the possibility of his presence at the place and time of occurrence. An obligation is cast on the court to weigh in scale the evidence adduced by the procession in scales the evidence adduced by the prosecution in ..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....azar (hereinafter referred to as Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar). Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar, while serving in C & B, had gone to Canada for taking higher training in 1960 and after completing training, he came back to this Country and again j......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....e purchaser for value and this being the state of affairs, the impugned proceedings should be quashed. He then submits that the bid money to the tune of Tk. 2, 69,17 lakh quoted by the petitioner was higher than the minimum price fixed by the price evaluation committee and in that view of the matter...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Case No.20 of 2010. In that Execution Case the petitioner filed an application on 8-5-2011 (Annexure-D) praying for permission to sell some of the mortgaged properties on a private negotiations at a higher price. The Adalat on hearing rejected the application by the impugned order No.14 on 8-5-2011......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....resent plaintiff-opposite party aggrieved and sought for a permanent injunction restraining the corporation from running those Rickshaws even-though, at present (20121) the existing situation is much higher than that of the numbers existing in the year of 1996 or in 1999. 10. It also appears fr......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....gh Court Division committed fundamental error in interfering with the order of sale made in favour of Kutub Uddin which was made with prior permission of the Court and that as the price was much higher than the price said to have been offered by Ragib Ali, the High Court erred in law in not aff......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....ove his innocence/but the entire burden of proof of his guilt lies on the prosecution alone and till that time the presumption of innocence continues, whether the case is before the trial Court or at higher forums. Again, law does not require a particular number of witnesses to prove a case and conv......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....in the services of the Biman to the satisfaction of the authorities and received testimonials from the superior officers on various occasions. The petitioners made several representations to the higher authorities without success. In the above circumstances, the respective petitioner as fi......as claimed, but they were placed at different places as casual workers to work. The respective first party has been working under the second parties without any regular appointment letter and regular scale of pay, increment of pays or other service benefits and, as such, they were not entitled to an..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....alf of the author of the letter. Besides, this is a lame excuse because if Jibran was apprehensive of his life and sought help from the then Assistant High Commissioner for bringing the matter to the higher police authority, the natural presumption is that he had furnished the name of the perso......say that confession is amount to proof. Clearly there must be other evidence. The confession is .only one element in the consideration of all the facts proved in the case; it can be put into the scale and weighed with the other evidence". 86. In Kashmira Singh Vs. State of Madhya Prad..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....rned Deputy Attorney General for the respondents, perused the writ petition and other materials on record. 13. The object of filing this petition by an Advocate of this Court is to facilitate our higher judiciary to enjoy normal breathing of the unpolluted air of judicial independence, so that t......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....azar who was dismissed from service under section 4 (a) of the Government Servants (Special Provisions) Ordinance, 1979 on the ground of negligence of duty. He then preferred an appeal before the higher appellate authority which appeal was dismissed. Thereafter, he preferred a review petition w......ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....e 9.4.2006 on allowing the defendant to appear be deleted” which prayer was rejected on 12.08.2009 vide order No.51, but this order which relates to the issue in question, was never agitated before higher forum. Ultimately, the trial Court on framing issues and discussing the evidence dismissed th...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....tting a stop to the berth operation system in the CP altogether. In this connection he also submits that for the discharging, loading and unloading of cargo and containers respondent No.1 receives higher payment from the shipping agents, and pays the Berth Operators in accordance with the contra......toring of goods in the Port; (c) ............................................................. (d) to construct, maintain and operate railways, warehouses, sheds, engines, cranes, scales and other appliances for conveying, receiving, handling and storing goods to be landed or sh..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....en led or may be led, and the Courts should not be invited to do that, as it would lead to pre-judging the material issues in the case, while deciding the bail application. Such an attempt before the higher Courts, in particular, is wholly undesirable, as any expression of opinion by them on the mer...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 740.
......on of 104 posts in the revenue budget. Subsequently the Ministry of Finance selectively included some senior consultants in the revenue budget on certain terms and conditions under the national pay scale leaving the writ petitioners despite that there was recommendation of the Ministry of Establ..
Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... acceptable. The fact that the informant may be swayed by ulterior motive to give a higher age for the accused cannot be ignored. It cannot be overlooked that the police may capriciously state a higher age in order to avoid the formalities of submitting a separate charge-sheet in respect of the......ry accused to be adults and lumped appellant Asha in the same reasoning without giving any specific reason why his document was unacceptable. Moreover, he weighed all the accused on the one scale, whereas the rights accruing to each accused is individual to himself. 121. The High Cour..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....h so many e-mail were exchanged on 23.4.2006, 25.5.2006 and 29.6.2006. All further communications shows that the respondent No.1 did not allow the committed discount to the petitioner, instead quoted higher prices for the equipments in the quotations. The petitioner requires for the smooth maintenan......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
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