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Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ......he SRO in respect of Winia Brand, Model WAPA 712G, Air Conditioner and if the impugned order of the High Court Division is complied with, the government will be deprived of a huge amount of government revenue. 5. We have heard the learned Advocate for the petitioners and..Category: Fiscal/Taxation Law | Date: | Hits: 62
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......ld that the petitioner is a co-sharer and failed the case within time after performing all within the formalities and allowed pre-emption in favour of the respondent and decided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......ssion on the basis of the deeds of agreement. We find no illegality in the findings of the Court of Settlement or of the High Court Division on the question of possession. We have perused the principle laid down in the case of Buxly Paints Limited Vs. Bangladesh reported in 31 DLR (AD) 266 ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......l for holding inquiry against the respondent and that subsequent addition of the ground of 'misconduct' by a belated amendment on 18-2-86 in the removal order had been done in violation of the principle of natural justice. The learned Single Judge of the High Court Division by the impugned ......bunal, terminate the appointment of a teacher/officer who on being asked in writing fails resume his duties in the University within a to specified date but such termination shall not amount to dismissal or penalty within the meanings of this Statute or article 56 of the Order. Thi..Category: Employment/Service Law | Date: | Hits: 69
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......nt in this appeal where in the leave was granted to consider the submissions of the learned Counsel for the appellant that the defendant appellant having already paid the admitted principal decreetal amount of Tk. 2,24,72,280/- to the plaintiff but by the decree the appellant has been illegally sadd..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
..... A. B. M. Khairul Huq has submitted a signed statement of accounts on behalf of the appellant Bank which shows that by November, 1990 the respondents have paid off the entire decretal dues by installments. So there remains nothing due from them except the interest pendente lite. It also app......s held that the position of law prior to 1929 was that the Court could not deprive the mortgagee of the interest agreed upon till the date fixed for redemption. This decision was based on the principle propounded by the Privy Council in the case previously cited at AIR 1927 (PC) 1......ff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and till realization of the decretal amount. 2. The appellant Bank instituted Title Suit No, 31 of 1983 (later re-numbered as Tit..Category: Property Law | Date: | Hits: 28
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ...... the alternative remedy provided under section 194 of the Customs Act, 1969 is not an equally efficacious remedy under Article 102(2) of our constitution because it stipulated deposit of 50% of the amount of penalty or the duty demanded as condition precedent. Subsequently this view was modified..Category: Trust/Waqf Law | Date: | Hits: 190
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......aintiff from service has erred in law in setting aside the decision of the appellant and decreeing the suit thereupon. All the findings made by the High Court Division are contrary to the principles of law which are required to be followed in a case like this. 8. Dr. Rafiqur Rahm......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......ation to hold that the learned Judge of the High Court Division upon taking an erroneous assumption of the real facts wrongly passed the impugned judgment. 10. Moreover, it is a well-settled principle of Hindu Law that a Deity has also right of its own to have a suit instituted or defended...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......dence for one of the two causes specified in the rule. None of these requisites was fulfilled in this case. To permit the defendants to adduce additional evidence at the appellate stage would only amount to giving them an opportunity to fish out evidence in order to prove their case and make up ..Category: Procedural Law | Date: | Hits: 63
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......o substituted and it is for this reason that courts have never convicted a person simply on the ground that he is unable to explain why the accomplice implicates him. 15. Thus the principle of law is that it is not safe to base conviction on the uncorroborated evidence of the ap...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..Category: Criminal Law | Date: | Hits: 45
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......ision No. 3152 of 1993 and the High Court Division by judgment and order dated 2.2.1995 set aside the judgment of the learned Assistant Judge holding that the plaintiff's suit was hit by principle of res judicata as the subject matter of the plaintiff's suit was directly and subst......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......lenge the order passed in the review though the order of review merged with the order passed in the Misc. Appeal. Leave was also granted to consider whether the order passed by the appellate court amounts to condonation of delay and the learned Single Judge fell in an error of law in reversing t..Category: Civil Law | Date: | Hits: 72
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ......ncerned were to be informed. 7. Accordingly, a provisional compensation was assessed at Tk. 4,47,214.90 on 6 March 1980. But before it was made final the appellant received almost the entire amount towards the compensation till 1 December 1984, leaving a balance of Tk. 1,064.90 only. ..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......ent and decree dated 31.7.1994 passed by the Subordinate Judge, First Court, Khulna in Money Suit No. 24 of 1989 filed by the appellant. The learned Subordinate Judge decreed the suit for the full amount of Tk. 47,13,905.70. 2. The appellant as plaintiff filed the suit stating inter alia,..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......e sale was made to defeat the right of these respondents who were fighting in the courts of law over the disputed land and as such, the purchase by appellant Bushra Complex Ltd. was barred by the principle of lis pendence and it had not acquired any legal right in the disputed land. The High Co......ushra Complex Ltd. being bonafide purchaser for value from Bazlur Rahman and there being no suit or pending appeal at the relevant time, it took possession of the suit plot and invested large amount money for development and improvement of the property. The respondent Nos. 1-7 were awa..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......e petitioner is a public servant and is liable to be tried by the Special Judge. 4. In Criminal Appeal No. 17 of 1996 leave was granted to consider the submissions that in derogation of all principles of quashing the High Court Division has taken into account the defence case and ordered ......ich Criminal Appeal No. 17 of 1996 arose, the High Court Division found that the instant case was filed to put pressure on the Managing Director and hence the further prolongation of the case will amount to an abuse of the process of the Court. 15. In the circumstances, we find that the Hi..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......contract to sell the property in question and as such the judgment and order of this Division rejecting the leave petition requires review since the said judgment and order is contrary to the settled principle of law that decree in a suit for specific performance of contract to sell land is not a ba......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ...... 2. Leave was granted to consider whether the High Court Division rightly interfered with the order of the Subordinate Judge allowing amendment of the plaint upon applying the correct principles of law as to amendment of pleadings as provided under Order VI rule 17 of the Code of Ci...... Fakir, 13 DLR (SC) 191 it has been observed that when, in a partition suit, the plaintiff is out of possession of a joint property the grant to him of separate possession of his partitioned share amounts really to two reliefs: i) Joint possession of his share and ii) the transformation of that ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......968 wherein the lessee constructed a structure and mutated his name in the Government Sherestha. On the basis of deed of agreement dated 21.6.1976 respondent agreed to purchase the said land and an amount of Tk. 8,500/- was paid as advance out of total consideration of Tk. 9,000/-. Upon Gha..Category: Property Law | Date: | Hits: 37
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