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Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)
....d no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ...... Counsel further submitted that the Advocate Commissioner was able to well define the land in suit does not hold good in view of the findings that the Advocate Commissioner could not accomplish his duty as per direction in the writ, the High Court Division failed to do justice in the case and cal..Category: Property Law | Date: | Hits: 30
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......ed by the High Court Division in Writ Petition No.6433 of 2003 heard along with Writ Petition Nos. 5950, 6434-6439 of 2003 making the Rule absolute. The Petitioner challenged the assessment of custom duty on the basis of SRO No.158-Ain/2003/2010/Cus dated.12.3.2003 instead of exempted rate under SRO..Category: Fiscal/Taxation Law | Date: | Hits: 72
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......lowing the prayer for appointment of a Private Engineering Firm for assessment of the costs of the constructions made in the acquired land ought to have directed the Public Works Department to do the duty relating to the assessment of compensation of the constructions made in the acquired land as pe..Category: Alternative Dispute Resolution | Date: | Hits: 249
GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)
.... 1st Class and Tk. 38/- for each break-fast for the passengers travelling in air-conditioned bogies. After making adjustment of dues of both the parties the defendants were entitled to recover excess amount of Tk.21,16,048/-from the plaintiff and he was asked to pay off the same within 22.1......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ..Category: Civil Law | Date: | Hits: 150
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....intiff and also his father, the proforma defendant No.2, are actually the land of the father of the plaintiff and that the plaintiffs and his father live in the same mess and as such there are excess land of the plaintiff and his father; against the said decision the plaintiff filed Appeal N......here 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: VI ADC (2009) 519. ..Category: Property Law | Date: | Hits: 26
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... Director General, Secondary Education Board. Considering the said report, the Director General issued the letter impugned in the above writ petitions asking the Principal of the college to deposit excess money drawn by him as salary. The principal of the college wrongly recommended the names of...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ..Category: Employment/Service Law | Date: | Hits: 57
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ......1 dated 25.9.1996 allowed the writ petitioner to release the imported goods on payment of penalty of Tk.10, 00,000.00 in respect of two bills of lading over and above the customs duty and other charges. 6. The High Court Division issued rule Nisi and thereafter made the..Category: Business or Commercial Law | Date: | Hits: 163
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and othÂers, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......hout jurisdiction which is strongly disapproved. 14. We have already held that the High Court Division in the facts of the present case acted fully within its competence and it was the plain duty of the Appellate Tribunal to" abide by the decision of the High Court Division and to di..Category: Administrative Law | Date: | Hits: 110
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. .......05.1998 when S.M. Zillur Rahman and P.W.5 G.M. Anwar went to the court aforesaid respondents attacked them and for that G.D Entry No.711 dated 14.05.1998 was lodged by A.S.I Mr. Hazrat Ali who on duty in the Court. 6. At one stage of the trial Respondents obtained bail from High Court Di..Category: Criminal Law | Date: | Hits: 44
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
.... 5. The Rules was challenged on the ground of discrimination being violative of Article 27 of the Constitution, which provides for equality before law. It was also challenged as being in excess of the authority of the President to make such Rules under Article 133 of the Constitut......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and othÂers Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ...... his resignation letter with effect from 29th August, 1998. The respondent challenged legality of the acceptance of his resignation by the Biman contending that he having been allowed to resume his duty on the filing of letter seeking revocation. Withdrawal of letter of resignation bef..Category: Employment/Service Law | Date: | Hits: 95
Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)
....ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 412. ......ecting the petitioners (writ respondents) to levy custom duties and other taxes on the basis of the invoice value or on the basis of the normal value and also declaring that the levy of custom duty on the basis of indicative value is of no legal effect. 2. The short fact, which is com..Category: Fiscal/Taxation Law | Date: | Hits: 66
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....here 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: VI ADC (2009) 449. ...... the papers to the petitioner long time back and the petitioner acknowledged the same, by giving a receipt on stamp papers. Further, after the respondent No.1 resigned on 1.4.2003, it was the duty of the Hospital authority to collect all the materials from the petitioner before his res..Category: Criminal Law | Date: | Hits: 47
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....gainst C.D. Account No.307 of the defendant No.1 and exported ready-made garments against those import L/Cs against corresponding export L/C's worth U.S.$ 10,36,012.17 and the said amount being in excess to the tune of US$ 1,39,552.20 of the permissible amount, the claims of the plaintiff agains...... 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: VI ADC (2009) 366. ..Category: Civil Law | Date: | Hits: 106
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
.... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ...... Police went to Jamalpur Hospital. Condition of the victim being precarious police gave petition to the Resident Medical Officer for recording her dying declaration. Accordingly, the doctor on duty recorded the dying declaration of the victim. In the meantime arrangement was made for se..Category: Criminal Law | Date: | Hits: 38
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....an one year of continuous service so discharged, shall be paid by the employer compensation at the rate of thirty days wages for every completed year of, service or for any part thereof in excess of six months, or gratuity, if any, whichever is higher. Explanation.- For the purp...... to appear before the Medical Officer of the Mills by 14-10-80. Respondent No.2 did not respond. The appellant once again asked him to appear before the Medical Officer of the Mills or to join his duty by letter dated 26-10-80. Respondent No.2 did not do so. By another application dated 25-11-80..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....s vitiated by any error of law apparent on the face of the record, secondly, that the High Court Division not having found that the Court of Settlement acted either without jurisdiction or in excess of jurisdiction or that its material findings, namely that there was no acceptance of physic......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ..Category: Property Law | Date: | Hits: 42
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......ther blunt weapons. As a result deceased Mamun was critically injured and he died on his way to the Rajshahi Medical College Hospital and on his arrival there he was declared dead by the doctor on duty. This confessional statement itself does not disclose that the accused respondent inflicted an..Category: Criminal Law | Date: | Hits: 58
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ess than one year of continuous service, so discharged, shall be paid by the employer compensation at the rate of thirty days wages for every completed year of service or for any art thereof in excess of six months, or gratuity, any, whichever is higher. Explanation.- For the purpose of ......n office memo dated 28.1.89 the concerned authority issued a notice of caution against him for warning that action will be taken against him in accordance with law for any future absence from duty giving a statement of his above mentioned absence from duty since 1986. Even after receip..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......ants to "allow the plaintiff to resume his duties within 2 (two) months and the plaintiff is also entitled to his arrear salary from the date of his dismissal to the date of his resumption of duty." 3. Defendant No. 1, the Governor, Bangladesh Bank, sought leave to appeal from t..Category: Employment/Service Law | Date: | Hits: 83