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Displaying 1641-1660 of 1984 results.
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....an "without recourse to certiorari." It makes the decision final on the facts, but not final on the law. Notwithstanding that the decision is by a statute made "final", certiorari can still issue for excess of jurisdiction or for error of law on the face of the record". 10. In the case of Azizul ....... The writ petition will be heard as a motion as soon as the business of the Court perÂmits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant unÂder section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......nd records the statement can any legitiÂmate grievance he made on that score. On hearing about such an injured person if he comes to the hosÂpital and records the statement, I think he performs his duty as a good Police Officer as a part of his norÂmal duty and without any contrary suggestion to ..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......I9 Constable Nil Moni Pal and P.W.20 Constable Belayet Hossain carried the dead body of deceased to the morgue for post-mortem, examination and identified the same before the Medical Officer on the duty. P.W.23 S.I. Rupok Kumar Saha is the Investigating Officer of the case. P.W.24 Dr. S.A. Shahi..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ...... our view even if there is no pleading from the side of the defendant alleging the non-genuineness of the document on the basis of which plaintiff is claiming the relief in the suit the Court has a duty in the interest of justice to scrutiny the document(s) relied upon by the plaintiff and if on..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....ed on 31.12.1994 that is long after the submission of bill No.4 dated 29.10.1994 stating the inadvertent mistake in bill No.3 and further requesting the authority to adjust from bill No.4 any excess amount drawn in bill No.3. 9. The learned Counsel for the respondent submits th......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 74
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ...... his dues and the balance shall be paid to him; that time scale cannot be claimed as of right; that past record of his service was not satisfactory; that on 01.04.1987 charges of negligence of duty was leveled against him for causing loss to the bank on 30.11.1983; that the charges being pr..Category: Employment/Service Law | Date: | Hits: 136
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....makes the selection on the basis of merit and in the instant case also and the petitioners i. e. the writ respondents were selected on the basis of merit. It was further stated that in case of excessive number of candidates there was, under the rule, necessity of holding examination but in ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..Category: Employment/Service Law | Date: | Hits: 86
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......c Relief Act for not seeking consequential relief. The learned Counsel also submitted that even if the defendants did not raise the question of maintainability of the suit as framed law casts duty on the Court to examine the question of maintainability of the suit and to give its finding on..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......4. Since then he had been working there with honesty, integrity and sincerity and during the tenure of his service he was promoted to the post of Line Technician and had been discharging his official duty. For performing some right of way work he submitted a bill in the office of the Pally Bidyut Sa..Category: Employment/Service Law | Date: | Hits: 181
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....ing the CRF benefit and reinstatement of the tariff value which was discontinued by notification under section 25A of the Customs Act, inasmuch as section 25(7) is unconstitutional as being hit by excessive delegation and manifesting unfettered, unlimited delegated power. 7. It is now a s......ed 3rd of July, 1996 should not be declared to have been made without lawful authority and is of no legal effect and as to why the respondents should not be directed to levy and collect the customs duty, VAT and other charges in respect of the goods of the petitioner imported under LC No. 1170/09..Category: Fiscal/Taxation Law | Date: | Hits: 126
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....terials from their store but then pursuant to the request of the port authority, who also assured the respondent No.1 that after getting the approval from the Ministry they will pay the bills for the excess amount to be spent for purchasing the materials from the market at higher rate, the responden......asons adduced by the trial Court in support of its conclusion. We are unable to hold that the learned Judges of the High Court did not, as is contended before us, consider the evidence. It is not the duty of the appellate Court when it agrees with the view of the trial Court on the evidence either t..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....on challenging the judgment and decree of Artha Rin Adalat on various grounds including the ground that the suit was barred by limitation and also the judgment was passed in excess of jurisdiction. The Appellate Division held— "That the suit against the petitioner......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......rector General of Food drawing up a departmental proceeding against him. 2. Petitioner was Inspector of Food and In-charge of Sylhet LSD at the relevant time. On the allegation of gross neglect of duty i.e. his failure to take action for recovery of loss on account of RailÂway transit shortage a..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......¦â€¦...Respondent Judgment April 18, 1990. Result: The Appeal is dismissed. The Excise & Salt Act (I of 1944) Section 12(A)(1) The basis of the exemption from payment of excise duty is the manufacture of footwears without the aid of any machinery or equipment operated by power..Category: Fiscal/Taxation Law | Date: | Hits: 114
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....pment upto 30th November, 1984. Concessional rate of customs duty was announced for giving incentive to the businessmen, namely, the custom and sales tax could only be leviable on imÂported sugar in excess of 50% customs duty and 10% sales tax. This concessional rate is announced in exÂercise of p......the favourable terms mentioned in the earlier Notification will be applicable to him. He acted upon this assurance and now Government cannot retrace its steps and say that he will have to pay Customs duty at the rate mentioned in subsequent Notification which reduced the exemption. This is clearly a..Category: Fiscal/Taxation Law | Date: | Hits: 153
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was recorded in his name in Khatian No. 646.This settlement was necessary for the purpose of his duty as shebayet of the deity kali installed in a temple upon the adjoining land. The plaintiff had..Category: Property Law | Date: | Hits: 35
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......harged the Rule on the finding that the trial Court decreed the suit wrongly placing onus upon the defendant to prove the kabala in question forged and fabricated although under the law it was the duty of the plaintiff or in other words onus was on the plaintiff to establish that the kabaka in q..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....es as per requirement of the Banking law and took their share accordingly but due to the false suit-of the petitioner No.1 the Director herein above from whom the petitioner in fraudulent manner took excess money filed individual case to realÂize the excess amount from the petitioner No.1 which are......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......er. The appellant then submitted a representation on 12-6-91 before the National board of Revenue for necessary orders for allowing him to clear the said consignments without payment of any customs duty. He also filed an application under section 196B of the Act before the Ministry of Finance for..Category: Fiscal/Taxation Law | Date: | Hits: 112
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
.... to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is proved he is entitled to get land partitioned through court. A co-sharer in possession of land in excess of his share, is bound to part with the same…………….(11) ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
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