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Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......ade in the above complaint was found to be baseless but even then the customs authority illegally and arbitrarily fixed value on the above imported Hard Boards @ US$ 3.40 per sheet by applying the principle of proportionate value on the basis that tariff value @ U.S.$ 4.00 per sheet has been fix......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......hich the plaintiffs could present their plaint for relief and in that view of the matter the High Court Division allowed the appeal and applying as the High Court Division put it "the age old principle that justice should not only be done but should manifestly and undoubtedly be seen to be ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......istry of Finance cancelling his appointment as Economic Counselor in Bangladesh Embassy at Stockholm in Sweden alleging that the order of cancellation was malafide and arbitrary and opposed to the principle of natural justice. 3. Facts, in short, are that respondent belongs to B.C.S. (Au......ssfully. By a notification dated 19.6.1994 the President appointed the respondent as Economic Counsellor of the said Embassy. By the order dated 29.6.1994 Government sanctioned to the respondent an amount of Tk. 4, 73,360/- for travelling and other incidental expenses for himself and his family ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....8% that would accrue over a 2 period of 10 years on 2/3rd of assessed value and at least 1/3rd of the amount shall be payable of the first installment and the balance would be paid in equal amount installments over a period of 10 years. 10. It is nobody's case that so far in the trial Cou......nd consideration of the evidence on record both oral and documentary decreed the suit holding that the plaintiff-respondent was entitled to a decree for getting a deed executed in his favour on the principle of the promissory estoppel inasmuch as the plaintiff could reasonably expect that all ot......y estoppel inasmuch as the plaintiff could reasonably expect that all other formalities accepting the execution of the deed in question in favour of the plaintiff on acceptance of the consideration amount was only left to be performed between the parties instead the defendant-appellant resorted t..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......ssion by him does not arise. It further appears that the plaintiff could not prove that the defendants were aware of his alleged contract when they purchased the suit land. 11. It is cardinal principle of law that the plaintiff is to prove his case and he must not rely on the weakness or de......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......the final decree passed in Other Class Suit No. 37 of 1987, were upheld up to the Appellate Division and as such relief so sought in prayer 'ka' of the present suit No. 41 of 2000 is barred by the principle of res-judicata. 7. The learned Counsel for the appellant submits that undisputed ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... 7 or Ext. 7(a) and it is not a document for settlement of land. The appellate court below further observed that neither in the plaint nor in the evidence of P.W.1 it was stated as to what was the amount of rent fixed for settlement of the suit land to the plaintiff. The court of appeal below fu..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......question is not abandoned property and as such Respondent Nos. 1 and 2 are required to hand over possession of the property to the Respondent No.3, that the appellant owe to the Respondent No.3 an amount of Tk. 12,70,00,0007-, that when the property in question was taken over as abandoned proper..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... 3. It is the case of the Bank that allotted consignment of fertilizer was not delivered to the authorized officer of the Bank by the fertilizer factory and that the Bank could not realize the amount of the Bank draft. 4. The Respondent Nos. 1 and 2 (defendant Nos. 3 and 4) entered a..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......can not be said that there had been gross negligence on the part of the government in filing the appeal for which the delay of 547 days in preferring the appeal was condoned.' I think the principle laid down in the above cited case law has manner of application in this case. Because the ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......de by the trial Court on the basis of subsequent conduct of the accused. Mr. Sirajul Huq, learned Advocate, has agreed that the impugned judgment has not been passed keeping in view the correct principles to be followed in a case like this. He has, however, submitted that even if it were don......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..Category: Criminal Law | Date: | Hits: 129
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......by a discretion for the simple reason that a decree-holder should not be deprived of the fruit of obtaining a decree of the suit after a long ordeal at different stages of the suit and on the same principle the word 'may' can not be read as 'shall'. 8. The High Court Division in the instan......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......ot to the shebait. A shebait being a manager only ceases to be shebait when he ceases to manage the property and carry on the worship of the idol.
9. The High Court Division considering the above principle held that Binode Behari Dutta, after leaving Bangladesh for India, ceased to be the shebai......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
..
Category: Civil Law | Date: | Hits: 111
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ...... Md Alauddin Bhuiyan had been working as Nazir of Tarail Upazila Revenue Office (AC land's office) in the year of 1987, he received lease money from the different lease holders and auction purchasers amounting to Taka 1, 31,262 for the year 1394 BS against several OCR's, but deposited only Taka 6,..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ...... rights by way of Mutation. Both the matters are dealt with by the Revenue Officers and regarding Mutation matter there is a provision for review to the Revenue Officer. We are of the view that the principle applicable to preparation of record of rights, inasmuch as both relate to preparation, mod......pur) and the complaint have not been filed by the Revenue Court i.e. the office of the Assistant Commissioner (Land), Mirzapur, continuation of the proceeding of Complaint Case No. 520(1) of 1995 amounts to an abuse of the process of the Court. 5. The High Court Division discharged the Rule u..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ther Subodh Chandra Lashkar was critically injured and he succumbed to the injuries inflicted by the dacoits. It was also the case of the prosecution that the dacoits looted away gold ornaments, cash amount and clothes, that the inmates of the house raised alarm and thereupon the villagers approache..Category: Criminal Law | Date: | Hits: 63
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120....... otherwise any pecuniary interest" contemplates an interest other than an interest in connection with any contract for work to be done, but it refers to an interest independent of any contract. The principle of 'ejusdem generis', origin from or belonging to same class, learned counsel contends, ......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... Bangladesh Krishi Bank, Satkhira Branch. Thus he became a defaulter within the meaning of section 7(2)(g) of the Union Parishad Election Ordinance. 5. Certain facts are not disputed namely, the amount of loan was Taka 10,000/- and the repayment of the loan was to be started from 31st March, 19..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......pose of sub-section(1) the business will "be deemed to be carried on by Assessee in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of the difference between original cost and written down va..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......al by leave is from the same. 2. Facts of the case, briefly, are that respondent No.1 filed a money suit, No. 444/85, in the aforesaid court against the appellant and others for recovery of an amount of Tk.97,750.00. The suit was decreed by judgment dated 26.8.86 in the following terms: ..Category: Civil Law | Date: | Hits: 113
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