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Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abdul Motaleb and others………………………….Petitioners Vs. Customs, Excise and VAT Appellate Tribunal…………………………Respondents Judgment December 8, 2011. Res......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......l Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abdul Motaleb and others………………………….Petitioners Vs. Customs, Excise and VAT Appellate Tribunal…………………………Respondents Judgment December 8, 2011. Result: Th..

Category: Fiscal/Taxation Law | Date: | Hits: 135

Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)

....he parties informing the transfer. Court has no jurisdiction to pass any order on the case/suit. Learned advocate cited the decision of Abdul Khaleque Vs. Abdul Barek Howlader, 2 BLC 276 and also the Appellate Division of this case of Abdul Khaleque Vs. Abdul Barek Howlader, reported in 3 BLC (AD) 1......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347.   ......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347.   ..

Category: Civil Law | Date: | Hits: 94

Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)

....are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......ob Bhuiyan, Belal Ahmed, Zakaria Chowdhury and Gopal Chandra Das under section 3/4/6 of Explosive Substances Act. 6. The above six (6) accused persons had been booked for trial before Druta Bichar Tribunal, Sylhet in Druta Bichar (Explosive Substance) Case No.4 of 2003 under charge of section 3/4..

Category: Criminal Law | Date: | Hits: 83

Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)

.... by the plaintiff in respect of 0.39 and half acres of land exclusive Saham to the plaintiff and also 0.391/2 acres of land to the defendant. 8. Being aggrieved with and highly dissatisfied by the Appellate decree, the defendant-respondent-petitioner preferred the instant revisional application a......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..

Category: Property Law | Date: | Hits: 83

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

....ing prejudice to the petitioner or it has acted mala fide or in violation of the principle of natural justice. While considering the merit of the instant Rule, the above ‘ratio’ enunciated by the Appellate Division should be kept in view. 22. Now let us examine whether the Full Board of the L...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..

Category: Property Law | Date: | Hits: 115

Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)

....e of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..

Category: Business or Commercial Law | Date: | Hits: 365

Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)

....ising the revisional jurisdiction in this case. In this connection the decision in the case of Jashimuddin Khan Vs. Md. Ali Ashraf reported in 42 DLR (AD) 289 has been relied upon. Their Lordships of Appellate Division has held that findings passed on due consideration of evidence was beyond the sco......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..

Category: Criminal Law | Date: | Hits: 66

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....d earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ..

Category: Property Law | Date: | Hits: 66

Md. Hasan Habib alias Ahsan Habib and others Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....dgment dated 12.8.2008 passed by this Division in writ petition No.6136 of 2007 (Janata Bank Ltd. Rajgonj Road Branch, Comilla Vs. Gulneara Begum and others) and judgment dated20.4.2009 passed by the Appellate Division in Civil petition for Leave to Appeal No.2180 of 2008 arising out of the judgment......ischarged without any order as to cost. The order of stay stands vacated. Communicate the judgment to respondent No.2 at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 359. ......ischarged without any order as to cost. The order of stay stands vacated. Communicate the judgment to respondent No.2 at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 359. ..

Category: Civil Law | Date: | Hits: 85

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

....n all the jurisdictions that section 151 did not, in fact, confer any inherent power on the Court rather it is inherent in the court itself and this aspect of the case has been well considered by our Appellate Division in the case reported in 35 DLR (AD) 42 wherein it has been observed by our Appell......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..

Category: Civil Law | Date: | Hits: 87

Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)

....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..

Category: Procedural Law | Date: | Hits: 69

Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)

.... is situated on his self‑acquired land and is under his possession. The plaintiff has no manner of title or possession in the same. The suit is proceeding and the parties once again fought upto the Appellate Division and still fighting before the High Court Division in this Revision, arising out o...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..

Category: Procedural Law | Date: | Hits: 82

Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)

....t whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ..

Category: Criminal Law | Date: | Hits: 75

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....person aggrieved”, necessarily connote that there must be an application by an aggrieved person, to set the judicial review machinery on the move. This theme, has, however, failed to attract the Appellate Division’s favour, and as such, we need move no further on this issue, save iterating th...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 642

Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)

....eferred the decision reported in 14 BLD (AD) page 20, in the case of Aklasur Rahman and others Vs. Safarullah and others which is also available in 42 DLR (AD) page 189 wherein their lordships of the Appellate Division of Supreme Court of Bangladesh have considered the point of waiver, acquiescence ......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..

Category: Civil Law | Date: | Hits: 192

Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

.... regard to abuse of the process of Court or any facts which would justify extension of time for deposit of the costs for the ends of justice. 28. In the case of Col. Md. Hashmat Ali (Retired), the Appellate Division endorsed the view of the Supreme Court ofIndia in the Union of India Vs. Tulsiram......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..

Category: Civil Law | Date: | Hits: 281

Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)

.... Office is directed to send down the record of the case at once with a copy of the Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... Office is directed to send down the record of the case at once with a copy of the Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......rocedure, at the instance of informant petitioner, calling upon the opposite par­ties to show cause as to why the order dated 5-7-2007 passed by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Cox's Bazar, in Nari-o-Shishu Nirjatan Case No.105 of 2007 aris­ing out of Cox's Bazar, S..

Category: Criminal Law | Date: | Hits: 177

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ...... valuable right of freedom is taken away by the order of the subordinate Court and the High Court Division has valid right to set aside the impugned order passed by the learned Nari-o-Shishu Nirjatan Tribunal in the regard. In such matter the Court should avoid technical­ity. The High Court Divisi..

Category: Criminal Law | Date: | Hits: 176

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....sent case in our hand. Upon that case a question was raised whether section 47 of the Ain, 2003 can be given effect to any pending suit filed prior to enactment of Artha Rin Adalat Ain, 2003. The Appellate Division held that: “We have perused the impugned judgment and order passed by the Hi......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 254

Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)

....l Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..

Category: Criminal Law | Date: | Hits: 153