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M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....VAT Act by Section 7(18) of the Finance Act, 1999 in ultra vires of Section 7(1) of the VAT Act because the ordinary Grey Portland cement is an essential item for construction of building toward a complete life and is not a luxury item and as such, imposition of supplementary duty on ordinary Gr......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J M/S. Madina Trading Corporation…....................Petitioner Vs. The Commissioner of Customs and another….....Respondents Judgment June 10, 2008. Lawyers Involved: ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......7 BLT (AD) (2009) 228. .......11.1980 leaving two sons viz. defendant No.5 and plaintiff No.1, two daughters viz. Nos. 3 and 4 and the wife plaintiff No. 2; During lifetime of Badruzzaman defendant No. 5 looked after the suit property. After death of Badruzzaman plaintiff Nos. 3 and 4 asked for partition of the suit land to...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..Category: Property Law | Date: | Hits: 92
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ...... Md. Abdul Matin J Md. Abdul Aziz J Chairman, Mymensingh Pourashava, Mymensingh………………....Petitioner Vs. Kasimonnessa Bewa and others……………………......Respondents J......sion and also those of the Courts below. 5. An ex parte decree can be set aside under Rule 13 Order 9 of the Code of Civil Procedure if it is found that the notice upon the defendant was not properly served. But in the instant case, it appears that the summons was duly served in the office......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..Category: Procedural Law | Date: | Hits: 143
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
.... the case of Secretary of State Vs. Mask and Co. reported in AIR 1940 (PC) 105 where their lordship the judicial committee of the Privy Council though dealing with a civil matter in connection with a complete ouster of Civil Courts jurisdiction, has enunciated the principles relating to exclusion of......his Case is also Reported in: ......sion made by the learned Deputy Attorney General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Criminal Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we ......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
.... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......Mohammad Fazlul Hossain Karim J Md. Joynul Abedin J Md. Mobarak and another....................Petitioners Vs Sk. Ayub Ali and others.......................hether the deed in question is a colourable transaction or not can not be gone into in a pre-emption proceeding. 9. In our view that the High Court Division and the Courts below on proper consideration of the materials on record took a correct view in the matter. 10. In th...... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ..Category: Property Law | Date: | Hits: 44
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......ohammad Fazlul Karim J Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institut......rmined whether the defendant is a licensee or permissive possessor under the plaintiff, if that is established, the question of limitation will not arise at all because a licensee occupies the property according to the pleasure of the licensor and that occupation does not confer upon t...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 942. ......bsp; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner Vs. Most. Shahid Khatun and others…........Respondents Judgment ......t the impugned deed of heba-bil-ewaz is forged, fraudulent and so no consideration has been passed by the same. 7. 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 illeg......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 942. ..Category: Property Law | Date: | Hits: 87
Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)
.... 6. Mr. Syed Mahbubur Rahman, the learned Advocate-on-Record for the petitioner submits that the High Court Division erroneously decided and perused the impugned judgment and order giving complete relief to the pre-emptor-respondent No.1 before giving an opportunity to the leave pe......; Md. Tafazzul Islam J Md. Joynul Abedin J Nazimuddin Molla...................Petitioner Vs. Mobasser Ali Howlader and others......Respondents Judgment ......ned judgment and order passed by the High Court Division is liable to be set aside by the Court. He further submits that the impugned judgment and order passed by the High Court Division is neither proper nor in accordance with law and as such the same is liable to be set aside. He lastly submit......ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed Ed. This Case is also Reported in: VI ADC (2009) 938. ..Category: Property Law | Date: | Hits: 57
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......ator of Waqfs, Bangladesh…..Petitioner (In Civil Petitioner No.1359 of 08). Shah Mohammad Hossain..................Petitioner (In Civil Petitioner No. 1360 of 08) Vs. Shah Mohammad Alinoor and others…......Respondents (In both cases) Judgment March 3, 2009. Lawyers Involved: ...... dated 8.1.2007 on the averments that late Shah Mohammad Elias created a waqf-ul-awlad in the name of Hazrat Shah Mohammad Elias (R.A) Wakf Estate by registered deed dated 28.2.1966 by dedicating his properties situated at holding No.4, Maulavi Bazar Road, P.S. Lalbag, Dhaka, mainly for welfare an......rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....t, 1948 is totally without lawful authority and is of no legal effect. 15. He further submitted that the concerned acquisition proceeding in L.A. Case No.10/1963-1964 having been initiated and completed by acquisition and vesting the land with the Board under Section 93A of the Town Improveme......nts (In Civil Petition No.2053 of 2008). S.K. Mohd Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Cases Referred To- Abdul Huq and others Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Minis......691, dated 13.10.1999 as published in Bangladesh Gazette on 11.11.1999. 4. The short facts leading to the petition for leave to appeal are as follows:- 5. In Writ Petition No. 5198 of 2003, the property in question was acquired in L.A. Case No. 10 of 1963-64 as per the provisions of Section ......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....- from the plaintiff within 7 months from the date of execution of the agreement dated January 5, 1977 and during that time she would obtain the Income Tax clearance Certificate and would also complete the other formalities for execution and registration of the sale deed. The defendant ...... Md. Tafazzul Islam J Md. Hassan Ameen J Ahmed Hossain Khan…......................................................Appellant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment April 5, 2007. Lawyers Invo......1st Court of Subordinate Judge (now the Court of Joint District Judge), Dhaka in decreeing the same and thereby directing the defendant No.1 to execute and register the sale deed in respect of the property described in the schedule attached to the plaint in favour of the plaintiff on receipt of ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....uld not be wrong to say that the Bureau of Anti-Corruption can come in to hold an enquiry into and investigate any offence under the Customs Act when similar enquiry and investigation has either been completed as contemplated by the Act or when no such enquiry and investigation has at all been under......ons 80-83 only to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer h......ore the latter has started functioning? I confess that I fail to understand the rationale of their approach. Such approach is neither justified if the most elaborate provisions of the Customs Act are properly looked into and considered, nor can it find support if the reality and sequence of the situ......ntained by the Anti-Corruption Officer was that it was within his jurisdiction to seize goods as they were contraband whereas the attitude adopted by the Customs Officers that the matter still awaits adjudication by them. 19. The question is whether the offence under 81 or 82 has been committed...Category: Fiscal/Taxation Law | Date: | Hits: 129
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ...... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S M.M. Steel Mills Limited and another….............Petitioners Vs. The Judge, First Artha Rin Adalat, Ch...... any time-frame as to the mode of payment of the installments and thus holding that the period of limitation for filing execution case will commence from the date of expiry of one year is not proper. The learned Advocate however admitted that in the decree there is no mention of any specifi......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ...... M. Muzahid Islam ………………………….Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Law, Justice and Parliamentary Affair of Bangladesh Secretariat, Ramna, Dhaka-1000 and others .......Respondents......se are that the respondent No.3 bank instituted Artha Rin Suit No. 56 of 2004 in the Artha Rin Adalat, 2nd Court, Dhaka, on 20.04.2004 praying for recovery of money and for foreclosure of mortgage property stating that the petitioner as Managing Director of M/S. Al-Faruque Textile Mills Limited ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ......62. ...... 7. We have heard the learned Advocate-on-Record and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon proper assessment of the materials on record arrived at a correct decision. We therefore find no re......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ..Category: Property Law | Date: | Hits: 41
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ....... This Case is also Reported in: VI ADC (2009) 856. ......d decree of the trial Court as a last Court of facts by its concurrent findings. The impugned judgment and order passed by the learned Single Judge discharging the Rule on proper finding as above on due discussion and consideration of the evidence and materials on r......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ..Category: Criminal Law | Date: | Hits: 75
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......Rajiuddin College represented by the Secretary, Hatirdia Rajiuddin College, Managing Committee, Police Station-Monohardi, District-Narsingdi ..........Petitioner Vs. Abdul Barik and others ..........................................Respondents Judgment February 17,......her declaration that R.S. Khatian No.39 in respect of .39 acre in the name of Hatirdia Rajiuddin. College is wrong and incorrect. 3. The case of the plaintiffs, inter alia, that the schedule properties appertaining C.S. Khatian No.129 S.A. Khatian 87 and R.S. Khatian No. 39 plot No.116 mea......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ..Category: Property Law | Date: | Hits: 32
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ...... ...... Pakistan and never returned back and thus we do not find any point to interfere with the decision of the High Court Division inasmuch as the said judgment and decree appears to have been passed on proper discussion made and consideration on the facts and evidences on record. Accordin......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ..Category: Property Law | Date: | Hits: 38
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ...... also Reported in: VI ADC (2009) 819. ......d and accordingly discharged the Rule modifying the order of the learned District Judge. 10. The learned Single Judge of the High Court Division having discharged the Rule on discussion and proper consideration of the facts and materials on record of the case, we find no substance in......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ..Category: Intellectual Property Law | Date: | Hits: 361
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......in J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs. Rasheda Begum and others .........Respondents (In Civil Petition No.1447 of 2008). Nazma Akhter Banu and o......icable in the case of present record of rights and the circular dated 10.11.2002 is illegal and any action taken thereupon must be set aside. Lastly, he submitted that management of the properties of disqualified owners by the Court of Wards is a matter of long past. Either they have......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..Category: Property Law | Date: | Hits: 67
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