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Displaying 1621-1640 of 1984 results.
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....essment order on the basis of proportionate thickness is wholly malafide, baseless and without lawful authority and the impugned assessment order is without lawful authority as it constitutes excessive delegation of legislative power and is contrary and violative of Article 83 of the C......lue has been fixed by the Government by Gazette Notification dated 19-5-1999 in exercise of power under section 25(7) of the Customs Act, 1969 such tariff value shall be the basis of assessment of duty and other taxes as has been held in the case of Bangladesh Vs. Mizanur Rahman reported in 52 D..Category: Business or Commercial Law | Date: | Hits: 99
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......isdiction." 30. In 18 DLR (SC) 517 relied upon by the High Court Division, it was held as follows: "Thus, once it is established that the remedy sought is for one performance of same public duty, then relief by way of an extraordinary remedy of this nature is not to be denied merely beca..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......ted from sinking tubewells without testing arsenic contents; in view of the admitted fact that tubewells are already identified as contaminated with arsenic contents the respondents are under legal duty to completely seal up the contaminated tubewells to save the lives of millions and such inact..Category: Environmental Law | Date: | Hits: 255
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......ade in any declaration, notice certificate or other document lodged with the Customs authority. The section further provides (hat where there has been any under payment or erroneous refund of duty, the Customs Authority within a period of three years from the date of first assessment, or ma..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....ing. All rent receiving interest as well as all non-retainable lands of the rent receivers were acquired under a notification under section 3 of the Act with effect from 14-4-56 and thereafter the excess khas lands as well as the non-retainable khas land of rent receivers were acquired on the pu...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......as reliable without proper scrutiny and no consideration has been given to inherent absurdities or improbabilities of them, then the appellate Court's finding cannot claim sanctity. This Court, whose duty it is to see that complete justice is done to all parties, cannot but interfere in such situati..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......support of their case or, in other words, in support of their claim in the land in suit as they relied on the said two rent receipts as well as to I disprove the fact of auction sale, it was their duty to prove the said rent receipts by calling the competent witness but they did not call any suc..Category: Property Law | Date: | Hits: 52
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....gation of settlement as pleaded in the plaint and stated, inter alia, that the suit land was vacant land in possession of the Bhawal Raj Estate, that it was acquired by the Government as excess khas land of Bhawal Raj Estate under the provision of the State Acquisition and Tenancy Act.......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ...... Government at any stage of the trial, and the cause for seeking transfer having arisen in course of the trial, the learned Judge of the High Court were wrong in holding that respondent No 1 had no duty to stay the proceeding in the midst of the trial and the learned Judges of the High Court were..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......earning income. 9. Mr. Sobhan referring to the following passage in Maxwell’s Interpretation of Statutes, Eleventh Edition, "Lord Ellenborough, remarked that the cases to which a duty attached ought to be fairly marked out and that a liberal construction ought to be given ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......nsumption and as such the imported goods being a banned item as alleged can not be said to be banned item rather it is an importable item and any general importer can import it on payment of proper duty and tax. 8. Learned Advocate next contended that the imported goods arrived at Mo..Category: Criminal Law | Date: | Hits: 88
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....tiff in the background of the record of right was relayed and it was found in fact the land of the R.S. plots is.19 acre of land although the quantity of land recorded in the R.S. record was shown excess as against the claim of the plaintiff. In that state of the matter the defendant did not dis......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......t that stage instead of passing such order, order of rejecting the plaint is misconceived………………….(18 & 20) Error in the appointment of attorney and also error on payment of stamp duty and penalty and validation under section 35, detected later on is a curable defect and for such..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....e plaintiffs' only anxiety before the High Court Division (in the suit) was to obtain a declaration for a legal and social stamp of legitimacy and recognition to them and to remain satisfied with the excess sale proceeds lying in deposit with the Court. Mr. Khan resolutely argued that the plaintiffs......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......dt. No.2 at Tk. 2,50,000/- out of which defendants 1 and 2 received Taka 10,000/- as advance. If the defence case was really true that the mother was not agreeable to sell the properties it was the duty of the defdt. No.2 at once to inform the plaintiff about the same and refund the amount receive..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......ead bodies of night guard, Abdul Mannan and treasurer Abul Kalam Azad lying in the delivery room could understand that the dacoits looted away cash from the post office killing those two staffs on duty there. The informant then lodged First Information Report at Brahmanbaria Police Station witho..Category: Criminal Law | Date: | Hits: 40
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......on the failure so had happened on the part of the courts below becomes a question of law and this Court, hearing the appeal, is very much competent to see or examine whether there has been failure of duty imposed by law and in this connection he has referred to the case of Sheikh Rahmat Ilahi Vs. Mo..Category: Tenancy Law | Date: | Hits: 194
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....comment in a Audit Report that the petitioner took salary from both the police department as well as from the said school since 9.6.84 to 31.07.91 without any authorization which is illegal and the excess money should be refunded and that on 11.1.1991 he filed an application to the Superintendent...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..Category: Employment/Service Law | Date: | Hits: 82
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......rein the House of Lords considered the question of the delegation of quasi judicial disciplinary powers and found not only judicial functions cannot be delegated but in some matters of administrative duty also such delegation is not permissible. We have no quarrel with the principle laid down in t..Category: Election Law | Date: | Hits: 146
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......rder relates to the respondent's case only and the observation made as above is no part of any direction by the court to dispose of any other review petition that may be pending. The petitioners' duty is to implement the direction given by the High Court Division concerning the respondent's ca..Category: Criminal Law | Date: | Hits: 53
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