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Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......question they have illegally rejected the invoice price and fixed a value arbitrarily without any material basis. The petitioner also challenged the imposition of penalty to the tune of Taka 3,90,000 for non‑obtaining of CRF certificate inasmuch as SRO No.316 dated 19‑10‑1999 has been repealed......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ....................................Petitioner Vs. Commissioner of Customs and others...............Respondents Judgment March 6, 2005. Result: The Rule is made absolute. Lawyers Involved: Golam Mohiuddin, Advocate‑ For the Petitioner. Nahid Mahtab, Assistant..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
..... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......s case may be taken as additional factor in arriving at the decision in the case in hand. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied bui....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......Ahmed vs. Rezia Begum and others 1986 BLD 326, Fahim Ali Haque (Minor) vs. Md Abdul Aziz 43 DLR 226 and 3 BLC (AD) 78; South Asia Shipping Ltd vs. 'MV Tony Best' and others 46 DLR 226. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali Advocate-o..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......tle Suit No.66 of 1991 in the Court of the Subordinate Judge,
Additional Court, Dhaka impleading the opposite party No.1 as defendant No.1
and other opposite parties as other defendants praying for declaration that the
judgment and decree dated 5.6.1980 passed in Title suit No.346 of 1977 by ...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......Dulichand
Omaraolal Vs. Bangladesh, through the secretary, Ministry of Industries and
others, 33 DLR (AD) 30; Enemy property Management Board and others Vs. Abdul
Rashid, 27
DLR (AD) 52.
Lawyers Involved:
Dr. Rafiqur Rahman, Advocate-For the Petitioner (In Civil Revision
No.2974 o..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......irecting the appellant Nos. 2 and 3 to purchase the share of the respondent No. 1 within 3 months from the date of assessment of the value of the shares of the appellant No. 1 company.
2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the respondent No. 1 under secti...... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......3 at 227; Ebrahimi vs. Westbourne Galleries Ltd. [1972] 2 All ER 492, [1973] AC 360; [1972] 2 All ER 492 at 500; [1973] AC 360 at 379); Re Saul D Harrison and Sons Pic [1995] 1 BCLC 14 at 191.
Lawyers Involved:
Rokanuddin Mahmud, Senior Advocate, instructed by ASM Khalequzzaman, Advoca..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... joined Government service as Circle Officer on 13.06.1977. Thereafter on 15.01.1984 he entered into Cadre Service. While he was Thana Magistrate, Muladi in the District of Barisal he was selected for training in the B.C.S. Academy at Shahbagh and he joined the training course on 26.02.1989. The...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... to take disciplinary actions against any Magistrate, exercising judicial function, consultation with the Supreme Court is a must……………….(12) Lawyers Involved: A. J. Mohammad Ali, Attorney General, instructed by B. Hossain, Advo..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......... ..................Respondents Judgment February 16th, 2005. The Constitution of Bangladesh, 1972, Articles 102 & 103 The respondent brought the writ petition for getting allotment of a Government plot as an affected applicant. The High Court Division direct......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......t in accordance with the law without any order of allotment of any plot to the Writ Petitioner. There is no ground to interfere with the order. The Petition is dismissed…….(4) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ...... and proper. 2. Facts leading to the issuance of this Rule, in short, are that the plaintiff-petitioner instituted the Title Suit No.91 of 1977 in the Court of the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......ahan Begum and others Vs. Lutfe Ali Chowdhury, 49 DLR (AD) 73; Magu Barma Vs. Bholi Dass, AIR 1914 Cal 331; Sudhir Chandra Shuklabadhya Vs. Amulya Shuklabadhya and others (unreported). Lawyers Involved: Md. Nurul Mostafa, Advocate- For the Petitioner. Mohammad Ali Azzam, Adv..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......ia Khatun, Advocate-on-Record — For Respondent Nos. 1—8. Not represented— Respondent No. 9. Not represented — Respondents. Civil Petition for Leave to Appeal Nos. 336 & 337 of 2003. (From the judgment and order dated 5th Novemb......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......o. 1379 of 1980 could not claim the land on the basis of alleged settlement from the ex-landlord under the provision of section 20 of the State Acquisition and Tenancy Act. Lawyers Involved: Md. Fazlul Karim, Senior Advocate (in both the cases) instructed b..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......nant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on specific legal ground for the purpose………………….(14) Case referred to: Munshi Amiruddin Ahmed vs. Begum...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... prevent the tenant not liable to be ejected on specific legal ground for the purpose………………….(14) Case referred to: Munshi Amiruddin Ahmed vs. Begum Shamsun Nahar, 48 DLR 21. Lawyers involved: AJ Mohammad Ali, Senior Advocate, instructed by SM Rahman, Advocate‑on‑Reco..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......ted by the Secretary, Ministry of LA & LR and others Vs. Commercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with......contract being Title Suit No.84 of 1988 in the 2nd Court of Assistant Judge, Dhaka. The suit was decreed by judgment and decree dated 15‑8‑1998 (Annexure-E). During Pendency of the suit, the then Martial Law Government issued Martial Law Order (MLO) No.128 dated 13‑5‑1986 which was published......ercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with Ramzan Ali Sikder, Advocates‑ For the Petitioner. Khondke..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......ed Additional Sessions Judge, 1st Court, Kushtia in Sessions Case No.72 of 1990 convicting them under sections 302/149 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for a fu......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......239; Rafiqul Islam Vs. State, 1993 BLD (AD) 117 = 44 DLR (AD) 264; Abdul Khaleque and others Vs. State, 48 DLR 446; State Vs. Khalilur Rahman, 48 DLR 184; Abdus Samad Vs. State, 44 DLR (AD) 233. Lawyers Involved: Hasan Foez Siddique with Serajul Islam with Farhad Ahmed with Md. Masud Hasan..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......der or orders passed as to this Court may seem fit and proper." The petitioner, on completion of his studies at the University, successfully appeared in the BCS examination and was selected for appointment in the Police Service, as evidenced by Annexure ‘F’ to the supplementary......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. .............................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January 15, 2005. Result: The Rule is made absolute. Lawyers Involved: Mahbubur Rahman with Md. Salahuddin Dolon and Mohammad Abu Taher, Advocates- ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ...... the judgment and decree dated November 27, 1985 of the 2nd Court of Munsif (now Assistant Judge), Dhaka passed in Title Suit No. 356 of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded ten......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......egal evidence was not left out in making the decision in the case by the courts of fact High Court Division was in serious error in reversing concurrent finding by the courts below…….(15) Lawyers involved: Mahmudul Islam, Senior Advocate, Abdul Quayum, Senior Advocate with him instr..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......re mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to prevent such procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......4 BLD (AD) 229; Sova Rani Guha Vs. Abdul Awal Mia and others, 47 DLR (AD) 45; Abul Kashem Howlader Vs. Sultan Ahmed, 9 BLC 333; Chand Biswas Vs. Abdul Khaleque Sheikh and others, 51 DLR (AD) 55. Lawyers Involved: Abdul Quayum, Advocate- For the Petitioner. Dr. Rafiqur Rahman with Joyn..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......ion Act. 2. The petitioner in his application has stated, short, inter alia, that he as plaintiff filed Title Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......d. Abdul Gafur Pramanik and others, 1994 BLD (AD) 234; Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested Property, Serajganj Vs. Md. Abdul Majid and others, 2 BLC (AD) 11. Lawyers Involved: Abul Kalam Mainuddin, Advocate‑For the Petitioner. Not represented‑T..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......levant facts are that, the present petitioners as first party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......Begum and others, 45 DLR (AD) 31; Nader Ali Sk Vs. State, 35 DLR 180; Abul Basher and another Vs. Hasanuddin Ahmed and others, 51 DLR (AD) 14; Abdul Majid Mondal Vs. State, 4 MLR 191=51 DLR 287. Lawyers Involved: Md. Majibur Rahman, Advocate-For the Petitioner. SM Rezaul Karim with Md..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......d Ali and others, 1996 BLD 418 = 49 DLR 589. Lawyers involved: Habibul Islam Bhuiyan- For the Petitioners. Md. Shamsul Huda with Md. Kazi Bazlur Rashid and Md. Rezaul Karim- For the Informant-Opposite Party. Sheikh Rezaul Karim, Assistant Attorney-General- For the State. Cr......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......206; Syed Matiur Rahman alias Motiur Rahman Vs. State, 35 DLR (AD) 329; KATM Amanullah Vs. Golam Sultan and others, 36 DLR 131; Altab Hossain Vs. Kabed Ali and others, 1996 BLD 418 = 49 DLR 589. Lawyers involved: Habibul Islam Bhuiyan- For the Petitioners. Md. Shamsul Huda with Md. K..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......7 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the p......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......gh and another AIR 1937 PC 230; Shankarlal Narayandas Mundade vs The New Mofussil Co. Ltd. and others AIR 1946 PC 97; Bhup Narain Singh vs Gokul Chand Mahton and others AIR 1934 PC 68. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Sajjadul Huq, Advocat..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ...... Rule of Criminal Miscellaneous Case No.8505 of 2002 at the instance of AHS Rahman and Rule of Criminal Miscellaneous Case No.8506 of 2002 at the instance of Md. Nasim having arisen from same first information report, charge-sheet and of Special Case No.73 of 2002 involving same facts, are taken up ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......58; 48 DLR (AD) 87; 48 DLR 102; 50 DLR 301, 551; 1987 BLD 11; 1988 BLD 64; 1993 BLD (AD) 17; 1995 BLD 151; 1995 BLD 188, 226; 20 BLD (AD) 265; 6 MLR (AD) 297; PLD 1961 Dac 753; PLD 1964 Dac 330. Lawyers Involved: Anisul Huque, Advocate- For the Petitioners in both the cases. Md. Helal..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......he Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispos......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......ng a failure of justice. Plaintiff can seek relief in a properly constituted suit but in the present suit as framed the plaintiff is not entitled to any relief…… (11 & 13) Lawyers Involved: AQM Safiullah with Zubaida Gulshan Ara, Advocates‑For the Petitioner. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
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