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Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....customs authority assessed customs duty and other charges on the basis of the said SRO dated 16.8.1988 and thus imposed and realised from the writ petitioner an amount of Tk. 1.51.810.69/- paisa in excess. The writ petitioner then released the goods on payment of this excess amount under protest......t petitioner opened letter of Credit dated 30.03.1988 for import of Rubber tires and tubes to be used in Bicycles and Cycle rickshaws and at the time of opening of the letter of Credit the customs duty and sale tax was as per SRO 113-Law/87/1069/Cus dated 18.6.1987 100% ad valorem and the sale ..Category: Fiscal/Taxation Law | Date: | Hits: 75
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......accepted. That ultimately the auction purchaser petitioner through its C & F Agent filed bills of entry on 23-12-2002 to the Customs Authority, Khulna for the purpose of payment of customs duty, VAT and other charges and thereafter on 31-12-2002 filed and application to the Commissioner ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....re 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) 121. ......sputed rooms situated in its ground floor was controlled by the Ministry of Industries since 1978 and the Public Works Department of the Ministry of Housing and Public Works was entrusted with the duty to look after those and the Ministry of Housing and Public Works, being the owner of Shilpa Bh..Category: Civil Law | Date: | Hits: 84
Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ......;`k (†RGgwe). 2. The facts, in short, are that the petitioner is a Journalist, peace activists in Bangladesh and the Editor, Weekly Blitz. He brought this action to perform his public duty to protect present legal system as enshrined in Article 21 of the Constitution of the People'..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ...... in the list of abandoned buildings and publication of the same in the gazette carries with it a presumption that the property is an abandoned property and vests in the Government and thus a legal duty is cast on the claimant of the property to rebut the said presumption, but the High Court Divi..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ed July 16,2001, that on administrative re-arrangement he was transferred to the Head Office as officer on Special Duty by office order dated November 17, 2001 and while he was performing his duty in the Head Office by the Memo dated December 15, 2001 he was placed under suspension and show..Category: Employment/Service Law | Date: | Hits: 408
Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....sion 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) 108. ...... stating he would not do any conspiracy against the interest of the Madrasha and he would be respectful to the order of the principal and the Managing Committee and he also would be punctual in his duty but he did not follow his commitment rather he always tried to violate the academic atmosphere..Category: Employment/Service Law | Date: | Hits: 77
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......S.$ 12010 per metric ton and after arrival of the goods at the Chittagong Port, he submitted Bills of Entry together with all relevant papers on 26-11-1998 for the purpose of assessment of customs duty, tax and other charges on the basis of C & F value. But the customs authority denied asses..Category: Fiscal/Taxation Law | Date: | Hits: 70
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......ovision in question should have been strictly construed by the High Court Division and there was no scope for giving any other meaning as was given by the High Court Division; that the primary duty of the High Court Division was to find out the expressed words of the statue and the Hi..Category: Banking Law | Date: | Hits: 96
Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ......fying illness of the respondent No.1 were correct. The respondent No. 1 in the meantime recovered from illness and filed an application on 16.1.1999 before the petitioner for joining his duty. The petitioner then issued a charge sheet dated 25.8.1999 alleging that his aforesaid ab..Category: Employment/Service Law | Date: | Hits: 81
M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ......th the provisions of the relevant law and requirements and that at the time of opening of the respective letter of credit the Government allowed partial exemption on the schedule rate of duty payable on the consignment to the extent of the rate exceeding 15% vide notification bein..Category: Fiscal/Taxation Law | Date: | Hits: 68
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......ed 30.04.2000. The H.S. Code of the said goods is 2523.29. When the petitioner opened the letter of credit in question SRO No.125 dated 10.06.1999 was in force which provided realization of customs duty at the rate of 25% ad volerem. Similarly there was no supplementary duty on the imported cargo ..Category: Fiscal/Taxation Law | Date: | Hits: 65
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......and that the effect of an order of stay by the Appellate Division had the effect of restoration of the order complained of and giving authority to the Ad-hoc committee to continue to discharge its duty and further that there was no order in Writ Petition No. 5807 of 2004 staying operation of Mem..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....the land of the said plot, that on Paush 15, 1384 BS the plaintiffs came to know from the local Revenue Office, that the defendant in respect of the land of each Jote has got his share recorded in excess, that the plaintiffs requested the defendant to give them their due share in respect of the ...... defendants and the evidence on record the plaintiffs are entitled to have 5.16 acres share in 'Ka' schedule land" and as regard the 'Kha schedule land the Appellate Court observed it was the duty of the defendants to prove their auction purchase and on consideration of the evid..Category: Property Law | Date: | Hits: 32
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......tial of the accused respondent in Exhibit 5 (daily report) and Exhibit 6 (mail list). 22. PW 12 Talayet Hossain deposed that he was serving as runner attached to RMS Office, Jessore and it was his duty to carry parcel bags and on 24-12-1988 he received mail bags from the accused respondent Nurul ..Category: Anti-Corruption Laws | Date: | Hits: 173
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....viction and obtained an order of interim bail. It is true that the Sessions Judge was not competent to grant such bail under section 426 of the Code of Criminal Procedure since the sentence was in excess of one year. The order was, therefore, illegal but the fact remains that the appellants subm...... this Court's special jurisdiction in criminal cases. .......Attorneys and Advocates who appear to present petitions, on the criminal side—other than those which lie as of right—are under a duty to see that they are acting in furtherance of justice. It seems to us that this duty is clearl..Category: Anti-Corruption Laws | Date: | Hits: 139
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......re and fled away therefrom when the adjacent people reached there. The deceased was taken to Maheshkhali Hospital by the informant with the help of RWs. 2,3,4,5 and another where the doctor on duty advised them to take the deceased to Dula Hazara Hospital and that on the way to Dula Hazara H..Category: Criminal Law | Date: | Hits: 22
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......ays from the date of issuance of the said order; secondly, the period of suspension order of respondent No.1 from 02-06-1976 to 22-01-1979 pursuant to the decree of the civil Court was treated as his duty and thirdly that the period of unauthorized absence of the respondent No.1 from the period of..Category: Employment/Service Law | Date: | Hits: 87
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....Court Division took correct view that the plaintiff could not prove that the ex-landlord auction purchased the suit land and made the same khas and thereafter, the same vested in the Government as excess non-retainable khas land of the ex-landlord. But no paper has been produced by the plaintiff......gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ..Category: Property Law | Date: | Hits: 32
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....ified by the High Court Division but their case is that the conduct of the respondents in sitting over the matter unduly for long time obstructed the administration of justice and by the demand of excess of the decreetal amount is also a deliberate act of interference with the administration of ......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ..Category: Civil Law | Date: | Hits: 102