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Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....and Import and then submitted bill of entry. While assessing the consignment the customs authority labouring under misconception of law that the goods are covered by PSI scheme passed an adjudication order and imposed a penalty of Tk. 3,90,000 for non‑compliance with the provision of SRO No.316 da......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. ..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)
....Judgment Md. Ruhul Amin J.- This is plaintiffs’ appeal by leave, against the judgment and order dated August 10, 2000 of a Division Bench of the High Court Division in Civil Revision No.44....... 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. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.....35 of 1992 upon reversing those dated 28.6.1992 passed
by the Additional Court of the Subordinate Judge, Dhaka decreeing Title Suit
No.66 of 1991 should not be set aside or such other or further order or orders
passed as to this court may seem fit and proper.
2. The petitioner as plaintif......ration between India and Pakistan in 1965 the aforesaid
S.A. recorded owners left the country for India and the suit land was declared
and treated as enemy property and subsequently vested in the Government. The
suit land was leased out one Abdul Baten in E.P. Case No.210 of 1967 and
subsequen..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that in response to an advertisement the petitioner submitted a bid properly and obtained work order contained in Memo No.W-4/1429 dated 12.6.2002 from the Executive Engineer (R & H), Road Di......ecial Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J M/s. Shanker Kumar Das………………………………………………………….Petitioner Vs. Government of Bangladesh and 6 others………………………………..Respondents Judgment ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....nior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1.
Not represented—Respondent Nos. 2-3.
Civil Appeal No. 163 of 2003.
(From the judgment and order dated 7th January, 2002 passed by the High Court Division in Matter No. 94 of 2000).
Ju...... 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.
..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....Article 116 Consultation with the Supreme Court in taking disciplinary action against a Magistrate is whether necessary. In view of Article 116 of the Constitution, in order to take disciplinary actions against any Magistrate, exercising judicial function, consultati...... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh……….....Appellant. Vs. Md. Abu Bakar.....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)
....nt brought the writ petition for getting allotment of a Government plot as an affected applicant. The High Court Division directed Respondent Nos. 1-3 to act 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 ord......ndents 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 directed Respondent Nos. 1-3 to a..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....ed by the learned Assistant Judge, Dagonbhuiyan, Feni, in Title Suit No.91 of 1977 renumbered as Title Suit No.52 of 1986 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of t......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. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....bsp; 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 November 2002 passed by the High Court Division in Civil Revision Nos. 2076 and 2077......rpur Paurashava seeks leave to appeal against the judgment and order dated 5-11-2002 passed by the High Court Division in Civil Revision Nos. 2076 and 2077 of 1998 held against the petitioner and the Government against the judgment and decree dated 16-3-1998 of the Subordinate Judge, Second Court Sh..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....d Nawab Ali, Advocate‑on‑Record‑ For Respondent No. 1. Not represented‑for Respondent Nos. 2. Civil Petition for Leave to Appeal Nos. 1262 & 1263 of 2004. (From the judgment and order dated 26th April 2004 passed by the High Court Division in Civil Revision No.305 of 2003 with ...... 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. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....es 27, 31, 40 and 42 of the Constitution and why the respondents, should not be directed not to interfere with the peaceful possession of the petitioner in the case land, and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the is...... Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
.... Sheikh Abdul Awal J.- This appeal is directed at the instance of the accused‑appellant Monohar Joarder and 10 others under section 410 of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 25‑3‑1997 passed by the learned Additional Sessions Judge......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. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....hy;- For the Respondents. Writ Petition No.5557 of 2003. Judgment Zubayer Rahman Chowdhury J. - By this application under Article 402 of the Constitution, the petitioner challenges the order dated 1‑7‑2002 terminating his service as a probationer in the Bangladesh Police Service. ......n (Special Original Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Barkatullah Khan (Md.)......................................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January 15, 2005...Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....bdul Quayum, Senior Advocate with him instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Ex-parte ‑ the Respondents. Civil Appeal No. 124 of 2000. (From the Judgment and order dated July 7, 1997 passed by the High Court Division in Civil Revision No. 502 of 1988). Ju......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. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....arisal in Title Appeal No.30 of 1985 reversing those dated 22‑1‑85 and 29‑1‑85 passed by the Munsif Bakergonj in Title Suit No.100 of 1984 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-opposite part...... 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. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....hat Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Civil Procedure Code. It merely laid down emphasis on the principle that the High Courts power to revise an order suo motu is not restricted by any time limit." 9. In the said decision our Appellate......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Aziz J Afzal Molla (Md.)...........................................Petitioner Vs. Government of Bangladesh & others.................Opposite Parties Judgment Janua..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....Khaled J.-This Rule on an application under section 561A of the Code of Criminal Procedure, was issued calling on the Deputy Commissioner, Chittagong to show cause as to why the impugned judgment and order dated 15-9‑2004 passed by the learned Sessions Judge, Borguna in Criminal Revision No.2......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. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....tate. Criminal Revision No. 764 of 2004. Judgment Khademul Islam Chowdhury J.- The Rule was issued calling upon the Deputy Commissioner, Gopalgonj to show cause as to why the impugned order dated 13‑7‑2003 passed by the learned Additional Sessions Judge, Gopalgonj in Sessions Cas...... not guilty and claimed trial. The evidence of P.Ws. was closed and the case was fixed for examination of, the accused persons under section 342 of the Code of Criminal Procedure. In the meantime the Government issued Memo No. বিবিধ-২১/২০০১ (আইন-১)(সাঃ-২)/৮৯..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....ion judgment to the extent that plaintiffs shall pay an amount of Taka 2, 00,000, to the defendant No. 2 besides the earnest 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 orde......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. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....mmended the proposal of World Tel Holding Ltd., is good enough for installing 3 lacs telephone lines. It has further been alleged there was no money sanctioned for appointing consultant but Md. Nasim ordered to appoint consultant and arranged payment of fees of the consultant by World Tel Holding Lt......ement was signed with World Tel Holding. These facts constitute illegal connivance and also to facilitate World Tel Holding Ltd. with the said job of installing 3 lacs digital telephones by which the Government has been in financial loss of huge amount and this act of these accuseds constituted offe..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
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