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Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....titioner. Zakir Ahmed & Syed Mokaddas Ali, Assistant Attorney‑General ‑ For the Respondent Nos.4 & 5. Writ Petition No.1273 of 1993. Judgment Kazi Ebadul Hoque J.- In this Rule order dated 28‑7‑1993 passed by the respondent No.2, Appraiser, Customs House, Chittagong directing th......rt of the petitioner's contention that he acquired a vested right on the basis of SRO dated 18‑6‑92 to pay 15% ad valorem customs duty on the goods imported by him reliance has been placed in the decision of the Supreme Court of Pakistan in the case of Al‑Samraz Enterprise Vs. Federation of Pa..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....itted some documents which are exhibited "ka" series. 5. On consideration of the facts, circumstances and evidence on record, the learned Joint District Judge, Bogra passed the Judgment and decree dated 12.06.2002 in preliminary form awarding Taka 7,03,476/- payable in 12 installments. 6. Bein...... respondent through his loan account and deposits by defendant respondent are not shown in the plaint with break up inadvertently, due to which the learned trial Court is misdirected in come to wrong decision in ascertaining actual amount to be claimed by the plaintiff appellant bank. 11. Mr. J.K..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....59 of 2001. Judgment AHM Shamsuddin Choudhury J.- The Application under section 115(1) of the Code of Civil Procedure, which yielded the present rule, issued on 17.11.2001, sprang from an order dated 18.10.2001 passed by the learned 3rd Court of Subordinate Judge, Dhaka, allowing the Arbitrati......of arbitration proceeding was but a still born one. 7. Mr. Ahmed also took us though the Exbt. "D" Series in support the factual assertion that no more than 74% of the Work was completed. Citing a decision of this Division, promulgated, in the case British Airways plc. Vs. Bangladesh Air Services..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
.... 99 and 118 of the Constitution by a Notification issued by the Government in Cabinet Division. 3. The respondent No.1 was appointed as chairman of the Durnity Daman Commission by the notification dated 21.11.2004 (Annexure-B to the writ petition) and that appointment has been challenged in this ......profit in the service of republic under part 9 of chapter 1 of the Constitution. In that case this Court also considered the case of Abdus Shukur Vs. Rikab Chand, reported in AIR 1958, 52 and another decision at page 937 of the same report. The case of the Guru Gobinda Basu Vs. Sankari Proshad Ghosa..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....epresented-For Respondent. Civil Petition for Leave to Appeal No.683 of 2009. Judgment Md. Mamtazuddin Ahmed J. - This petition for leave to appeal is directed against the judgment and order dated 16.10.2008 passed by the High Court Division in Civil Revision No.5118 of 2006. 2. The shor...... the parties made the Rule absolute and set aside the judgment and decree passed by the learned Subordinate Judge in Title Appeal No.339 of 1999. The High Court Division taking into consideration the decision reported in 7 BLC (AD) 1 held that the suit is not maintainable in the Civil Court. 3. T..Category: Civil Law | Date: | Hits: 118
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....represented-For the Respondents. Civil Petition for Leave to Appeal No.1499 of 2006. Judgment Mohammad Fazlul Karim J. - This petitioner seeks leave to appeal against the judgment and order dated 16.02.2006 passed by the High Court Division passed in Writ Petition No. 1319 of 2000 discharg......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253...Category: Others | Date: | Hits: 127
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....ents. Appeal from Original Decree No.255 of 2002 with Civil Rule No. 259(F) of 2002. Judgment Md. Abdur Rashid J.- The above appeal was presented by the defendant against judgment and decree dated 4‑4-2002 passed by the Joint District Judge, Court No.5 at Dhaka in Title Suit No.158 of 199......s clearly provided a period of 90 days for making of an application for filing the award in court from the late of service of notice of making of the award. The Court might have been swayed away by a decision of a Division Bench of our Division in the case of Bazla Rice Mills Vs. Bangladesh 41 DLR 5..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....ls) Abdur Rob Chowdhary, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record-For the Respondent (In both appeals) Civil Appeal Nos.242-243 of 2009. (From the judgment and order dated the 12th day of January, 2009 and the 15th day of January, 2009 passed by the High Court Divis......d under the garb of termination and has received such a severe punishment. The order of termination is ex-facie illegal since the same does not disclose that the petitioner has been terminated by the decision of an appropriate authority. The order of termination of the petitioner is ex-facie illegal..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....etition laid under Order VII, rule 11 of The Code of Civil Procedure (for short, The Code) filed by decree-holder Janata Bank, who is first-defendant in the present suit rejected the plaint. Judgment dated 27‑8‑2002 was followed by a decree. In recording rejection of plaint learned Joint Distric......In recording rejection of plaint learned Joint District Judge took into account section 6 of The Ain of 1990 and, also, provisions embodied in Order VII, rule 11 (d) of The Code and rendered positive decision that Ain of 1990 is special statute and subject to provisions contained in section 7 no ord..Category: Procedural Law | Date: | Hits: 84
....e High Court Division in Writ Petition No.4371 of 2010 making the rule absolute.
2. Respondent No.1 moved the above writ petition in the High Court Division challenging the order of his suspension dated 7th December, 2009 on the ground that it was issued arbitrarily with ulterior motive, while he......from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 239.
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Category: Employment/Service Law | Date: | Hits: 251
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....epresented- For Respondent Nos.5-8. Civil Petition for Leave to Appeal No.2180 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave petition arises out of the judgment and order dated 12.08.2008 passed in Writ Petition No.6136 of 2007 by the High Court Division making the Rule ......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
....ty No.1. Civil Revision No.1258 of 1991. Judgment Mainur Reza Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 29.1.1991 and 4.2.1991 passed by the Subordinate Judge Barisal in Title Appeal No.84 of 1986 a...... for the plaintiffs to pray for consequential relief and could pray for simple declaration that the Judgment and decree was not binding on him. In support of his contention he has referred to certain decisions. He has referred to the case of Hemnalini Basu Vs. Md. Sabed Ali reported in 12 DLR 24. In..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....t Nos.2 and 3 on the instructions of the respondent No.1 and were taken to the paternal home of the respondent No.1 where they have remained since. Thereafter the petitioner received a copy of notice dated 10‑7‑95 of divorce dated 9‑7‑95 issued by the respondent No.1 in pursuance of section ...... is of no substance. Our answer is in the affirmative. In the case of Ayesha Khanam and others Vs. Major Saabbir Ahmed and others, reported in 46 DLR 399 a Division Bench of this Court relying on the decisions reported in AIR 1960 (SC) 93, AIR 1979 (All) 25 and AIR 1984 (SC) 1224, held that: ......Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....der Ali on 15‑3‑75 at about 1‑30 AM. Dacoits looted away various articles including cash and ornaments amounting to Taka 84,600.00. The informant lodged the First Information Report on the same date i.e. 15‑3‑75 with the police station. Police investigated into the case and upon finding a ......illegality that already existed has been eliminated or cured. In our view, the accused‑appellant has been prejudiced by the absence of such charge. In this connection it is profitable to refer to a decision of our Court in the case of Joynal Abedin Vs. State, 37 DLR (AD) 113 wherein the Appellate ..Category: Criminal Law | Date: | Hits: 144
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....cord-For the Respondent. Civil petition for leave to appeal No.1267 of 2010. Judgment Md. Mamtazuddin Ahmed J. - This petition for leave to appeal is directed against the judgment and order dated 21.01.2010 passed by the High Court Division in Civil Revision No. 1818 of 2009. 2. The fac......order committed no error of law. 10. The learned Advocate-on-record submitted that the learned District Judge as well as the High Court Division failed to appreciate the principle laid down in the decision reported in 18 D.L.R 109 that a still born suit should be buried at its inception, so that ..Category: Procedural Law | Date: | Hits: 133
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
.... by kabala. The pre-emptor opposite parties further alleged that all the properties of the pre-emptor and the opposite party Nos.2-18 (in the pre-emption case) were partitioned by a deed of partition dated 17.11 68; the pre-emptee petitioner is a stranger to the suit land and that pre-emptor the o......e has also alleged that the petitioners not co-sharers or contiguous owners of the case land. 3. The learned Munsif allowed the application. On appeal, the learned Subordinate Judge affirmed the decision of the trial Court and dismissed the appeal. Hence this revision in this Court. Mr. B...Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....he contract by having a kabala executed by the defendants. The Court is not required to also declare or create title for the plaintiff. The plaintiff will get only such title as his vendor had on the date of the contract. If the vendor had no title the plaintiff will not acquire any title. The decla......contract. For that reasons also the plaintiff's prayer for amendment to add those, six persons as defendants could not be granted Mr. S. C. Das, the learned Advocate for the petitioners referred to a decision of the Supreme Court of Dacca in the case of Abdur Rahman and others Vs. Bangladesh reporte..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....as follows:- One Sudhir Chandra Saha and another instituted a suit being Title Suit No.218 of 1956 in the 1st Court of Munsif, Gaibandha, against Jan Mamud Sarker for a declaration that a kabulyat dated 17 Chaitra, 1362 B.S. corresponding to 31st March, 1956 executed by Jan Mamud is favour of the...... seek declaration that the lease in null and void and on that basis get a recovery of possession. 3. Mr. Akram Hossain Mia, the learned Advocate, for the appellants submits on the authority of the decision of Sarat Chandra Nath Vs. Faiz and others, reported in 9 DLR 315, that the plaintiffs, havi..Category: Property Law | Date: | Hits: 146
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
....of 2010 Judgment Md. Muzammel Hossain J. - This Petition for Leave to Appeal under Article 103 of the Constitution of People's Republic of Bangladesh is directed against the judgment and order dated 08.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.3554 of 2.......2009 at No.60. Shaharpara Government Primary School Centre. Jagannathpur Upazilla, Sunamgonj for the post of Chairman by a notification dated 19.05.2009; that the petitioner came to know of the said decision of re-poll collected a copy of the report of the Commission of inquiry and the petitioner m..Category: Election Law | Date: | Hits: 296
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
....represented-For Respondent. Criminal Petition for Leave to Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving direction t......f the Court as contained in the forged certified copies were also forged. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interfe..Category: Criminal Law | Date: | Hits: 146
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