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Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....n making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ......t Petition No. 5364 of 2001 making the Rule absolute. 2. The Rule was obtained seeking direction on the writ-respondents to return the goods which were retained by the Customs Authority at the time of entry of the petitioner into Bangladesh through the Zia International Airport. The demand fo......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
.... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......of the Senior Assistant Judge and S.C.C Judge, Dhaka in S.C.C suit No.15 of 2000 are hereby affirmed. 11. The order of stay of operation of the judgment and decree dated 29.1.01 as passed at the time of issuance of the rule is vacated. In the facts of the case, I do not make any order as to cos......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
.... matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......7 of the Act, though it was required to‑pay Taka 1 crore and not 5 crore under the unamended provision. In view of section 6(b) of the General Clauses Act, the respondent submits, that since at the time of making the application for "Sanad", the existing law required depositing of one crore, there......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......77 (I of 1877), Section 12 In case of sale of immovable property, the court ordinarily does not take into consideration the increase of market price. Further, in case of sale of immovable property time is not essence of the contract. Case referred to- Ram Chandra Dash and others Vs. Md Khal......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......eated direction to appear before the Medical Board of Barisal Medical College for examination of his health but he refrained from appearing before the Medical Board. The appellant was allowed 10 days time to submit his reply to the allegations in the show cause notice and that was also directed to c......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....rder as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......ting pawnor is provided in section 176 of the Contract Act and the same reads as: Section 176: “If the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....tion is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......nd, as such, the order of stay is seriously hampering functions of the Pourashava. The High Court Division after hearing the learned Advocate for the parties has vacated the order of stay made at the time of issuance of the Rule. 4. The learned Counsel for the petiti...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
.... the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......tion was dismissed with the finding, inter alia, that
"Sub‑section (2) of section 6 of the Value Added Tax Act, 1991 indicates that value added tax is payable on manufactured goods at the time of delivery or supply of such goods. Section 6 of the Act has no application to the date of man......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
.... costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......he office of Circle Officer (Revenue) Kotwali, Dhaka and thus ceased to be the co‑sharer. It was also the contention of the pre‑emptee that pre-emptors were aware of the transfer from the time of sale and that the land sought to be pre‑empted being recorded as nishkar, section 24 o......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ...... The arms and ammunitions having been recovered from possession of the arrested persons who disclosed the names of the accused-appellants and the appellants being not present at the time of recovery they can not be held to be in possession of any arms………&hellip...... The arms and ammunitions having been recovered from possession of the arrested persons who disclosed the names of the accused-appellants and the appellants being not present at the time of recovery they can not be held to be in possession of any arms…………&hellip...... Vs. State …..Respondent Judgment January 6, 2003. The Arms Act, 1878 (XI of 1878), Section 19(a) and (f) The arms and ammunitions having been recovered from possession of the arrested persons who disclosed th..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
.... the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... of 2000 on an application filed by another co‑accused and there is no chance of early disposal of the said Revision inasmuch as the trial of the case being not concluded within the specified time of 360 days from the date on which the case was received for trial the appellant may not be ke......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......rmation report that on general allegations of firing shots against the appellant who was known from before that he along with Major Shariar, Pasha, Major Majid along with other miscreants with fire arms entered and kicked open the door of the house and surrounded the victims and made them captiv..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
.... Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ...... November 25, 2002. Onus of proof Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well accordi......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....gality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......hat the LCs were actually established by it with the defendant National Bank Ltd. in favour of ENAR (Pvt) Ltd. Karachi, Pakistan, for supply of fabrics but the supplier failed to supply fabrics on time and when supplied, it supplied inferior quality fabrics. It apprehends that if a decree is pas......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....e appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......d the order of the Additional Deputy Commissioner, Pirojpur and the Upazila Revenue Officer, Bhandaria, Pirojpur. 3. The plaintiff filed the suit contending primarily that at no point of time between him and the defendant No. 1 there was any agreement for reconveyance of the land and th...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......e. Mr. Ozair Farooq, the learned Counsel for the appellant, has however, submitted that the bank rate is the rate which the Bangladesh Bank being the regulatory bank of all the banks, may direct from time to time under Article 21(3) of the Bangladesh Bank (Nationalisation) Order, 1972 (President's O......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....he Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......rivacy of female hostel of the Academy which is located very close to the land in question that specific purpose of the acquisition would be placed before the Central Land Allocation committee at the time of obtaining final approval and as such the Ministry of land has accorded the approval for acqu......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ......he year no student of class IX will be transferred from any school and after 31st August of the year no student of class XI will be transferred to any other College but the same was not circulated in time by the writ petitioner. In the meantime, the writ petitioner was served with another order date......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....pposite Parties Judgment November 6, 2002. Result: The Rule is made absolute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Haji Abdul Latif Vs. Abdul Huq and others, 44 DLR 601. Lawyers Involved: Md. Ibrahim Mollah, Advocate&...... land with the same relief, ie for permanent injunction. One suit was numbered as Title Suit No.210 of 1981, another was numbered as Title Suit No.188 of 1982 and both the suits proceeded at the same time and in both the suits the cause of action was same. The first suit having been dismissed the se...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ision and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ts eventually settled for cash of Taka 5.60 lac and transferred their shares to appellant Nos. 3 and 5 and resigned from the Directorship oil 31‑ 12-1986 upon receipt of the amount in cash. At that time they executed two instruments of transfer of shares in favour of appellant Nos. 3 and 5 and two......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....n the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......inion 17/1999‑1121 dated 43‑1999 after examining the records clearly expressing its opinion that no fruitful result will be available, if the appeal is filed, rather it is wastage of time and money. So, the withdrawal for non-prosecution of appeal signed by the then Secretary, ...... 8. In the case of Mrs. Nurun Nahar vs. Mahammad Fazlur Rahman reported in 27 DLR (AD) 103 on a question which arose as to whether an appointment of a receiver of a car till disposal of the suit for recovery of a motor car pledged by the plaintiff to the defendant could be made, this Court held, in......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
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