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Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....of fact and this Court in exercising the jurisdiction of judicial review cannot interfere with the said finding of fact unless it can be shown that the tribunal acted without jurisdiction or acted in excess of its jurisdiction. He further submits that in the instant Case the tribunal having passed t......it petition is the so-called recommendation of the investigation Officer to the effect that the goods may be released in favour of Aminul Islam and Serajul Islam (petitioners) after realising customs duty and VAT as per Baggage Rules. On scrutiny of the Final Report it appeared to us that the Invest..Category: Criminal Law | Date: | Hits: 101
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....¦°à¦¿à¦¤à§‡ পারিবে।†Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......ete justice in a matter it becomes necessary for the Court to examine its own records for the purpose of deleting matter there from, it will not allow itself to be deterred in the performance of that duty, by any consideration of its own dignity or of sanctity of its own records. However it may be m..Category: Civil Law | Date: | Hits: 80
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....Director. Then the respondent No. 3 called a general meeting of the share holders at the companies firm at Savers to discuss the prevailing state of affairs of the company but the respondent No. 2 in excess of his authority cancelled the meeting only a day before the meeting was due to be held and s......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ......y this petition filed under Articles 102(1) and 2(a) of the Constitution prays for issuance of a Rule Nisi upon the respondents to show cause as to why the order dated 23-6-98 imposing the supplement duty at the rate of 40% on the basis of the proposed budget for the year 1998-1999 and the Standing ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ...... contends that compliance of the said provisions of Act 24 of 1970 is not mandatory, rather it is directory. In that regard learned Deputy Attorney- General refers to chapter ‘Performance of public duty’ at page 369 of Maxwell on Interpretation of Statute eleventh edition and shows therefrom tha..Category: Property Law | Date: | Hits: 60
Category: Constitutional Law | Date: | Hits: 264
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
.... to be not maintainable in order to determine the legality of the impugned letter dated 06.06.2006. For the reasons aforesaid, the impugned letter dated 06.06.2006 must be held to have been issued in excess of the powers of the writ-respondent No.6 and therefore, cannot be sustained in law and accor......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: 15 MLR (AD) (2010) 130. ..Category: Property Law | Date: | Hits: 26
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....rly renewable lease under the respondent No.4. In the year 1989 the writ petitioner felt urgent need of more land for expanding its tank terminal. Finding that the respondent No.1 has some unutilized excess land in the back yard of its premises as ditch and low lying area, the petitioner approached ......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..Category: Property Law | Date: | Hits: 33
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....d to restoration of C schedule property only. 22. There is, however, no legal impediÂment to recover the properties, in accorÂdance with law, if the defendants were earÂlier dispossessed in excess of the property mentioned in Schedule C to the plaint. 23. With this modification of t......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..Category: Civil Law | Date: | Hits: 105
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ......olated. The Implementation, Monitoring and Evolution Division (IMED) of the Ministry of planning on completion of development project of the different Ministry of the Government is entrusted with the duty to evaluate the progress and achievement and further need to continue with the project on the s..Category: Employment/Service Law | Date: | Hits: 106
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......লে, আবার অকà§à¦¸à¦¿à¦œà§‡à¦¨ দেয় আবার কথা বলে†So the above eviÂdence, shows that the state of condition of the victim was very serious and so it was the duty of the Court to see whether the victim had the physical capability of making such a dying decÂ..Category: Others | Date: | Hits: 93
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......istan in MS Khawaja vs State, PLD 1965 SC 287 = 17 DLR SC 153 as under: "Every prosecution for a criminal offence is to be deemed to have been commenced and continued in the public interests, as a duty of the State. It can only be in a very rare case that a superior Court acting under its inheren..Category: Anti-Corruption Laws | Date: | Hits: 195
Category: Fiscal/Taxation Law | Date: | Hits: 253
Category: Fiscal/Taxation Law | Date: | Hits: 95
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observaÂtion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......of law and tried to extract money from the respondents by fixing "indicative value", is a foreign and unknown terÂminology. The Customs Act (IV of 1969), Sections 25(1)(7), 30 & 79 Customs duty— No internal circular of the authorities can fix in advance any value like indicative value o..Category: Fiscal/Taxation Law | Date: | Hits: 86
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....thereÂfore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......Case No.12 of 2007. 2. The prosecution case, in behalf, in behalf, is that S. I. Md. Rafiqul Islam lodged Motijheel P.S. Case No. 70(2)07 on 24.2.2007 alleging, inter alia, that he while on patrol duty along with his two constables raided the house of the accused Mirza Abbas at 2.15 a.m. in the n..Category: Fiscal/Taxation Law | Date: | Hits: 75
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ...... consignment at Chittagong the petitioner submitted two bills of Entry on 14.03.1999 along with all necessary papers and documents to the customs authority for the purpose of assessment of customs duty, tax and other charges, on the basis of the C & F price made but the respondents instead o..Category: Fiscal/Taxation Law | Date: | Hits: 125
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....ondents paid no heed thereto. 3. Mr. Habibul Islam Bhuiyan, learned Counsel, appearing for the petitioner submitted the delegation by parliament in Section 7(18) of the Finance Act, 1999 is excessive inasmuch as parliament delegated NBR to notify operation of third schedule of Finance Act......0 metric tons of Cement at Chittagong Port. The balance 12,500 metric tons of Cement will be taken delivery at Mongla Port. On the date of opening of the Letter of Credit there was no supplementary duty of 15% and 4% surcharge flood surcharge on Cement. But on 16.09.1999 when the petitioner subm..Category: Fiscal/Taxation Law | Date: | Hits: 112
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......e Courts including the Supreme Court to pass any order of temporary or interim injunction or stay against the Government or any Government officer acting or purporting to act in discharge of official duty etc. And in doing so expression used in the proclamation was in the following terms: "Notwi..Category: Criminal Law | Date: | Hits: 101