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A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....des for provisional assessment of duty when goods are allowed to be cleared or delivered on the basis of such provisional assessment provided that the importer furnishes a bank guarantee to cover the excess of the final assessment of duty over the provisional assessment. Then conies section 82 which......zed and the Import Permit holder Ana Mia with accused clearing agent Abdul Hamid in collusion with the Customs Officials tried to clear the goods and thereby deceive the Government by evading Customs duty and sales tax". The Customs officials it is alleged did not take any action in spite of their k..Category: Fiscal/Taxation Law | Date: | Hits: 129
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......zure list witness has followed the suit of P.w.5. P.w.7 also stated the same P.W.8 is the police personnels who was member of patrol party. P.W.9 S.I. Md. Abdul Kalam on the alleged date was duty officer at the Chandgoan Police Station. He recorded the F.I.R which has been marked Ext.3 an..Category: Criminal Law | Date: | Hits: 155
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......lacs in cash. In course of his journey when the writ petitioner reached a point at about 8 P.M. near Madhabpur Police Station under Habiganj District, he was advised by an Army Officer, who was on duty at the relevant time in connection with Clean Heart Operation to go to Madhabpur Police Statio..Category: Criminal Law | Date: | Hits: 64
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......t Havilder Md. Abul Hassan of No.1, Rifle Battalion, D. Company, Satkira lodged F.I.R. with Kaliganj Police Station alleging, inter alia, that while he and other members of his party were on petrol duty at Khazia Boarder out Post, found the accused persons to enter into Bangladesh territory from ..Category: Criminal Law | Date: | Hits: 45
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ...... arrival of both the consignments the petitioner through his clearing agent submitted related bills of entry on 07.01,1999 and 24.12.1998 respectively for the purpose of assessment of customs duty, tax, VAT etc. The respondents in both the writ petitions demanded customs duty of the afores..Category: Fiscal/Taxation Law | Date: | Hits: 83
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......ated by the informant, P.W.1, in his deposition is that he was the Personal Assistant of the then President of Bangladesh Sheikh Mujibur Rahman, hereinafter referred to as the President, and was on duty from 8 P.M. on 14th August, 1975 at the residence of the President at Road No.32, Dhanmondi. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......and some other officers came at the Air Port Runway where they were sitting and at that time Major Rashid told them to get ready with arms and ammunition as they would have to move for an emergency duty and then as per his direction they took ammunition and thereafter Bazlul Huda directed them t..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......not be dismissed for non prosecution. Even if the appellant or his Advocate remains absent in the Court at the time of hearing of the appeal, the Appellate Court cannot avoid its responsibility or duty from perusing the record of the case and giving reasons in deciding the matter on merit. When ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......he third judge.” 477. So far as the concerned accused in respect of whom there was difference of opinion the whole case shall be laid before the third learned Judge who he is duty bound to consider all the points involved before he delivers his opinion upon the case. In the..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....sons were not on ‘active service’ and they did not commit a ‘civil offence’ within the meaning of section 8(2) of the Army Act and therefore, the criminal Court had acted no excess of jurisdiction in convicting them. Even then, in order to avoid controversy, the learned Se......ident till 1996. This statement cannot be said to be exaggerated. Admittedly, the then President and all other members of his family found in the house were brutally killed. It was a bounden duty for Governments in power to institute a case for ascertaining the cause for the death if they ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......s no nexus with the murder of Bangabandhu Sheikh Mujibor Rahman since he was reemployed with effect from 15th August, 1975, his presence at the Radio Station was a part of his official duty which he had carried out as per direction of his commanding officer. In view of the above, th..Category: Criminal Law | Date: | Hits: 291
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....at the plaintiffs arc entitled to get a decree in respect of 1.20 acres of land but the appellate court below gave a decree for 1.25 acres of land which was illegal because they can not get land in excess of what has been conveyed in favour of their predecessor by t......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..Category: Property Law | Date: | Hits: 22
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......39;সলামই এখানে অনুপস্থিত। “ While explaining the State duty towards zakat Allama Yusuf Al-Karjavi held: "যাকা&..Category: Fiscal/Taxation Law | Date: | Hits: 145
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ...... of Law as a leader of the Bar Association and he has definite instruction not to contest this matter any further. The learned Attorney General being imbued with a sense of affirmative constitutional duty to establish independence of judiciary and being true to his commitment and philosophy is ready..Category: Constitutional Law | Date: | Hits: 251
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
.... the A.D.C. (Rev), Noakhali, the petitioner’s company further placed TK.30,000.00 to the said Rehabilitation Committee and thus the petitioner’s company in total paid TK.1,72,000.00 in excess for eviction and rehabilitation of the unauthorized occupants of said 10.17 acres of land an......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......ether it is of such a nature and of such public importance that it is expedient to obtain the opinion of the Appellate Division upon it, is a matter essentially for the President to decide. The plain duty and function of the Appellate Division under Article 106 is to consider the question on which t..Category: Constitutional Law | Date: | Hits: 289
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......lying thereto by constructing dwelling house thereon. But due to business purpose, the plaintiff does not stay at home. During the operation of the S.A. record, one Abdullah was entrusted with the duty to record the name of the petitioner in the S.A. record. Thereafter, the death of the said Abd..Category: Property Law | Date: | Hits: 25
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......2 raised alarm and the neighbours came to the place of occurrence and heard narration of the occurrence. The deceased Chairman was then taken to the Burichang Hospital by rickshaw and the doctor on duty declared him dead. P.W. 1, Monowara Begum, wife of the deceased Chairman Abdul Halim, learnt ab..Category: Criminal Law | Date: | Hits: 53
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. .......10, 44,281.25/- towards the payment of installment of the premium in respect of the said lease. Later the plaintiff also paid Tk. 2,59,875.00/- towards the expenditure to be incurred on the stamp duty and the registration charge of the lease deed. After observing all the formalities the writ pe..Category: Property Law | Date: | Hits: 30