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QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....tated that the respondent No. 1 is not entitled to collect the rates in excess of rate as prescribed in the Schedule. The petitioner No. 1 further states that it does not claim rebate. And for such illegal realisation of rates by the respondents the petitioners’ lawyer Mr. Rafique-ul-Huq issued no......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....session of 12.53 acres of land including the petitioner’s land on 12-7-80 to the Public Works Department and since then they have been in possession of the land in question. The petitioners have no legal right over the land and the land cannot be released or de-requisitioned in their favour under ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
..../ (CRF) Review-Chatta- 07/97 relating to the cancelling of CRF by the Review Committee, Chittagong vide order dated 28-7-97 should not be declared to have been made without lawful authority and of no legal effect. 2. The petitioner is the proprietor of Shariff and Brothers, a registered importer ......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....r the signature of the Additional Deputy Commissioner (General), Dhaka, as evidenced by Annexure “B” to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner was holding the revolver and a double barrel gun on obtaining due......he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361...Category: Others | Date: | Hits: 105
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....signated by the Government to exercise such power. The learned Deputy Attorney-General with candour conceded to the submission of the learned Counsel of the petitioner that the respondent No.1 had no legal authority to start any departmental proceeding with regard to the conduct of the petitioner. I......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358...Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....d order vide Annexure C (I) issued by the respondent No.2 vide letter No. Shilpa/Shinish/I/FF-6/81 (Part-5) 53 dated 9-3-97 should not be declared to have been made without lawful authority and of no legal effect and/or unconstitutional and in violation of the petitioner’s fundamental rights guara......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... therein. It was also contended that the plaintiff has no right, title, interest and possession in any portion of the suit land and he filed the suit with false and frivolous allegations for making illegal gains. 4. At the trial the plaintiff-petitioner examined 3 witnesses and the contesting def...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....d 22-3-1975 made by the defendant No.3 in favour of defendant No.5, that the said deed was genuine and acted upon, that the registered deed of canceling dated 11-11-1982 by the defendant No.3 was not legal and valid, consequently by the Kabala registered on 11-11-1982 by him, the plaintiff did not a......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....he charges framed against the accused persons. 4. Two contentions have been advanced on behalf of the informant-petitioner which are: (i) The learned Additional Sessions Judge committed gross illegality in acquitting the accused-opposite parties in completely ignoring the Exhibit-2, the extra-......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....ted by the Memo No. বিঃ বোঃ/ নিঃ ওসঃ/-২/০৪/২৪০ dated 4-3-2004, evidenced by Annexure A to the Writ Petition shall not be declared to be without authority and of no legal effect. 2. The case of the petitioners, in short, is that, (a) the petitioner No. 1 is a...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
.... collusion with the defendant No. 2 and managed to obtain an ex parte decree dated 20.09.1978 declaring title of the suit land in favour of the defendant No.1 and that coming to know about the said illegally obtained and fraudulent decree in the month of Falgun 1394 B.S., when the defendant tried to......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12...Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
.....10 of 1997 for declaration of their title through adverse possession and that the tender notice described in the 'Kha’ schedule of the plaint in respect of 'Ka' schedule land of the plaint if is illegal, collusive and not binding upon the plaintiffs. 3. Facts relevant for the purpose of the di......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ..Category: Property Law | Date: | Hits: 58
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....nt. As such, a previous sanction of the Government is required under section 197 of the Code of Criminal Procedure before commencing any criminal prosecution against the petitioner. That being the legal position the Order dated 28-9-92 of the Additional Sessions Judge was wrong and such taking of......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....he consignment the petitioner through its clearing agent submitted bill of entry and certificate of registration for assessment of duties on the basis of invoice value. But respondent 2, appraiser, illegally and arbitrarily directed to assess the duties and charges on the basis of tariff value. 3......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the impugned order rejecting the petitioner’s application without deposition of 25% of the deccretal amount was illegal and without lawful authority. 7. He also submitted that the plaint in the mortgage suit wit......ers for partition of the said land and filed an application for injunction therein. The learned Joint District Judge on hearing the said application passed an order on 22.7.2009 directing to maintain status quo (vide annexe-D to the writ petition). She, however, has no objection if respondent No. 2 ..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
....to show cause as to why the Memo No. Shanstha/214/8/A-8/2004 dated 27.6.2006 issued by respondent No.3 (Annexure-H) shall not be declared to have been issued without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....urt Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Md. Chinimuddin Malitha ... ………………Petitioner Vs. Rahejan Bibi since deceased substituted by her legal heirs Md. Sukur Ali Shaikh and another ... ……………Opposite Parties Judgment Jan......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 54
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....t the Artha Rin Adalat Ain is a special law and the provision of the Code of Civil Procedure is not applicable in a suit/proceedings under the Ain and that the executing Court has not committed any illegality in rejecting the petitioner’s application. 7. Mr. Shah Md. Munir Sharif, the learned A......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ..Category: Procedural Law | Date: | Hits: 95
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....7550-7552 dated 6-6-1990 (Annexure-C to the petition) of the office of the Commissioner of Taxes Dhaka (East) Zone. Dhaka should not be declared to have been passed without lawful authority and of no legal effect and to direct the respondent No. 1 (Deputy Commissioner of Taxes, Companies. Circle-11,......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561...Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....my learned brother Justice Surendra Kumar Sinha. Md. Muzammel Hossain,J.- I agree with the judgment of my learned brother Justice Surendra Kumar Sinha. Surendra Kumar Sinha J.- Contempt, in the legal acceptability of the term, primarily signifies disrespect to that which is entitled to legal r...... Contempt, in the legal acceptability of the term, primarily signifies disrespect to that which is entitled to legal regard; but as a wrong purely moral, or affecting an object not possessing a legal status, it has in the eye of the law no existence [Oswald, Law of Contempt of Court 3rd Ed, Page-1]...Category: Criminal Law | Date: | Hits: 163
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