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Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......n of statutes which is to be followed in a case where certain provisions of a different statute are incorporated in another statute by reference. The rule has been stated in the Halsbury's Laws of England 3rd Edition Vol.36 at page 404 paragraphs 611 which may be quoted as follows: "where a stat......l petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......4) Under section 4(2) of the VAT Act the words "Customs Act" was inserted by way of reference only fixing the time to submit bill of entry and it deals with in respect of rate of VAT. There is no question of deeming the unincorporated provisions of one statute as a part of the former statute h..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ...... Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ...... (iv) To avoid multiplicity of proceedings or conflicting decisions; (v) Where two persons have filed suits against each other on the same cause of action in different Courts; (vi) Where common questions of law and fact arise in two suits; (vii) Where considerable section of public is inter..

Category: Procedural Law | Date: | Hits: 179

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......s Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ...... the L/C opening Bank i.e. the State Bank of India returned back the original copy of the shipping documents which was sent by the defendant No.5, on the flimsy ground of discrepancy and, as such, no question of submitting any original copy of bills of lading before the master or agent of the vessel..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....erty (Annexure-F) and from the letter dated 16-9-43 (Annexure-II) issued by the TNO to the Deputy Commissioner, Comilla for receiving fund for compensation against acquisition and to deliver physical possession of the land, copy of the said letters were served upon the Private Secretary to the then ......This Rule Nisi was issued calling upon the respondents to show cause as to why the acquisition proceeding in LA Case No. 8 of 1992 by the Land Acquisition officer, Comilla, acquiring the petitioner's land measuring 0.20 acres being Dag No. 647 khatian No. 312. Mouza - Homna JL No. 51. Thana - Homna,...... and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......c pro forma for the requisition and acquisition of the property and the same was sent to the Land Acquisition Officer, Comilla, who started LA Case No. 8 of 1992-93 for the acquisition of the land in question. On 12-12-92 a notice under section 3 of the Acquisition and Requisition of Immovable Prope..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......ccused named Zahangir Alam, ex-Chairman of the said Paurashava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for the years 1413 BS; the same accused also did not......rder to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....enewal clause is not subject to the consent of this defendant and the same is unauthorized and this defendant is not bound by the same. The schedule land is situated in busy commercial area. The khas possession is essential for making improvement and the proposal for the improvement of the schedul...... amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendment of law, that shall be cancelled and the suit premises should be returned back to the landlord………………………………(14) Cases Referred to- Abdur Rashed Kha......n: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..

Category: Administrative Law | Date: | Hits: 175

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

....e of the plaintiff is that the disputed land originally belonged to Radha Mohan Saha who enjoyed the land through the tenants except plot No. 337. Subsequently, the said Radha Mohan Saha regained the possession of the same entire suit land from the tenants. Thereafter, the plaintiff’s predecessor ......1997 reversing those dated 27-3-1997 passed by the Subordinate Judge, 2nd Court, Narayanganj in Title Suit No.369 of 1994 should not be set aside. 2. The case of the plaintiff is that the disputed land originally belonged to Radha Mohan Saha who enjoyed the land through the tenants except plot No......the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ...... from the suit land and hence the instant suit for declaration of title. 3. The defendant-petitioners contested the suit by filing written statement. The case of the defendants is that the land in question belongs to the Government and the same was properly recorded as khas land in both SA record..

Category: Procedural Law | Date: | Hits: 83

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......g five appeals being ITA No. 1948 to 1952 of 1999-2000 in respect of assessment for five assessment years 1993-94 to 1997-98. 2. As the assessed was the same in all the above references and common question of law was referred to this Division for determination, we heard them together and now, dis..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ...... No.1's village in August, 1995 on transfer and lived in his house. She enjoyed her entire salary without any interference and subsequently he paid the amount of the deferred dower by mortgaging some lands. The plaintiff No.1 had developed illicit sexual relationship with Md. Aminul Islam, a teacher......th. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......." 18. In Md. Alladat Khan Vs. Md. Ismail Khan, 10 ILR (All) 289, which has been upheld by the Privy Council in Habibur Rahman Chowdhury Vs. Altaf Ali Chowdhury, 48 IA 114, Mahmud, J, answered the question as follows : "I repeat that the rule is limited to case of uncertainty of legitimate de..

Category: Family Law | Date: | Hits: 114

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

....ors created by the predecessor of the Sebaites in favour of the deities long before. This bazar, it has been alleged, comprises a part of the suit lands. Plaintiffs have alleged that they had been in possession of the bazar but the Government without any possession had put the bazar to izara sale, a......t April 20, 1983. Result: The appeal is allowed in part. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 20 (2a) Any bazar which includes any land, building or hut therein cannot be retained by any rent receiver or raiyat or tenant . . . Alth......f J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......f temporary injunction restraining the Government from leasing out the two tanks till the disposal of the suit. 5. Defendant No.1 has opposed the application. They have alleged that the bazar in question have vested in Government under law and that the defendant are realising tolls from the baz..

Category: Property Law | Date: | Hits: 74

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......unt in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......in-opposition by the respondents. However, the learned Assistant Attorney General basing on the decision reported in Zahur Ahmed Vs. Commissioner of Customs and others 51 DLR 206 raised a preliminary question of maintainability of the writ petition. He submits that mere allegation of violation of pr..

Category: Fiscal/Taxation Law | Date: | Hits: 174

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......ith law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ...... proper sections. On receipt of the said naraji petition the learned Sub‑Divisional Magistrate was pleased to take up the case against and passed an order calling for the case diary. 3. The moot question in this case is as to whether a Magistrate is competent to take cognizance of an offence in..

Category: Criminal Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......nce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... brought against the plaintiff, by the decision of the Governing Body was not taken with mala fide intention but there was the truth of the allegations brought against her. 17. Now, it is the only question whether the alleged suspension order was valid or not and whether any suit was maintainable..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ot the allegations as made in the FIR even if prima facie accepted to be correct and true would they disclose any offence under section 409 of the Penal Code or any other offence under any law of the land. 35. As stated hereinabove, in order to evade tax of taka 80,91,720.00 the petitioner in col......ordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......aid to have misappropriated his own property. When such offence is committed by a public servant aggravated punishment would visit him under section 409 of the Penal Code. 37. Here the property in question is the imported vehicle. It was imported In/ the petitioner may be on the money of others. ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......15) No guideline for sending a case out of a number of cases of the same nature from the normal Criminal Court and transfer to Druta Bichar Tribunal can be found. In absence of any guideline, the question of pick and choose and also interference of the executives cannot be ruled out. ………�..

Category: Procedural Law | Date: | Hits: 84

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......e commercial invoice, packing list and Clean Report of Findings by Inspectorate Griffith Limited states that all the 27 vehicles had been manufactured in the year 1995-96 evidence obtained from Ms Leyland Exports, Ms HASA (Export) Limited and British Car Numbers registration system covering motor ve......ed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......endants and that the defendants are liable to make good the loss and damage suffered by the plaintiff. He submitted that the BSC issued "Clean Shipped on Board" BS/I dated 20-10-1999 for the cargo in question, but loaded the cargo on deck in fundamental breach of the contract. He submitted that the ..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......n is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ...... with Writ Petition No.689 of 1998. Judgment Qazi Shartuddin J.- These two Rules one being Writ Petition No.614 of 1998 and the other being Writ Petition No.689 of 1998 having involved the same question of law and facts and the same Proggapan or notice dated 15‑2‑1998 having been challenge..

Category: Employment/Service Law | Date: | Hits: 100

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......5 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......er materials on record. In order to appreciate the submissions of the learned Advocates for the respective parties from a correct angle, it would be convenient for us to decide first of all as to the question of maintainability of the writ petition. 7. In the case of Zahirul Islam Vs. National Ba..

Category: Civil Law | Date: | Hits: 170

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....2007 pending before the Appellate Division. xv. CP No. 794 of 2007 pending before the Appellate Division. 6. In spite of pendency of the above suits an proceedings for determining the title and possession of the properties between the parties, the purported investigation was conducted by the r......ndent No. 3 and cancellation of the mutation cases being Mutation Case Nos. 13610 of 04 and 16962 of 04 issued by the respondent No. 5 in respect of the properties of the petitioners of 2.99 acres of land appertaining to CS Khatian Nos. 11 and 12, CS and SA Dag Nos. 21, 23 and 86 of Mouza Purbo Nara......er of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......te bereft of the approved procedure…………………………(12) Whether writ petition is maintainable when there are several civil cases pending in different Courts involving the property in question. When a civil case is pending before any Court, writ petition involving the same propert..

Category: Property Law | Date: | Hits: 107

Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)

.... are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaintiffs, or plaintiffs on the basis of this decree cannot evict the defendants whose possession have been found by the learned judge………………………(16) If a decree is no......a-Niyo are fraudulent and not binding upon the plaintiffs and also further declaration that the khatian in favour of defendant Nos.1-14 and 28-31 are wrong. 3. In the plaint schedule to the suit land has been described as:- ক তফসিল জিলা-ঢাকাশ, থানা-�......te this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..

Category: Property Law | Date: | Hits: 80

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