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Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......dgment December 8, 1999. Result: The two appeals are allowed The Customs Act, 1969 (IV of 1969), Section 25 (7) In fixing tariff value by the Government on the recommendation of a high powered advisory committee such committee does not possess any unfettered, unlimited and absolutely ......vision (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Mustafa Kamal and another……………Appellants Vs. Commissioner of Customs and others……………..Respondents Judgment December 8, 1999. Result: The two a......ecision. The Division Bench desired that the National Board of Revenue should frame rules with regard to the provisions of section 25(1) of Customs Act to avoid further complications. 4. Leave was granted to consider the limited submission that the very difference in the invoice value and tariff ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......g the Rule absolute in Writ Petition No. 449 of 1994 filed by the respondent against the appellants. 2. The respondent’s case in the writ petition was that he carries on business of export of manpower to different countries as proprietor of Metropolitan International holding licence for the pur......……Appellants Vs. Md. Tajul Islam………………………………………………...Respondent Judgment February 5, 1997 Result: The appeal is dismissed. Cases Referred to- Amaresh Chandra vs. Bangladesh, 31 DLR (AD) 240, Nasir Ahmed vs. Assistant Custodian, AIR 19...... special courts to try the offences under the Ordinance and the impugned order can only be passed by the special courts after trial by the special court of the offence of misconduct. 29. Leave was granted to consider whether the High Court Division erred in law in misinterpreting the scheme of th..Category: Constitutional Law | Date: | Hits: 192
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......en into an error of law in refusing to dismiss t execution case. 3. We find no substance in the contention. The obvious proposition of law is that on the demise of either party to the power of attorney the relationship between the principal and the attorney ceases in accordance with...... instructed by Md. Nawab Ali, Advocate-on-Record — For Respondent Nos. 1-4, 6, 10-14. Not represented—Respondent Nos. 5, 7, 9 & 15. Civil Petition for Leave to Appeal No. 200 of 1995. (From the Judgment and order, dated 1 December 1994 passed......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..Category: Property Law | Date: | Hits: 84
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......re is no provision in the said Act for taking fresh evidence or materials at the appellate stage is not correct. Mr. Rafiqul Huq has cited a number of decisions from the Indian Jurisdiction on the power of the (Indian) Appellate Assistant Commissioner, even in cases of best judgment assessment u......pplication Nos. 30 and 31 of 1989 in which the appellant formulated 5 questions of law for decision of the High Court Division under section 66(1) of the Income Tax Act, 1922, hereinafter referred to as the said Act. 2. The short facts for disposal of these appeals tie that, the appellant...... 1985). Judgment: Mustafa Kamal J: These two appeals arise Out of a Certificate granted under section 66A (2) of the Income Tax Act, 1922 by a Division Bench of the High Court Div..Category: Fiscal/Taxation Law | Date: | Hits: 120
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......ted 10-8-94 is the sheet anchor of the appellants’ case. In the Memo, the subject matter is mentioned to be the Services (Pay and Allowances), Order 1977. The Government in 1 exercise of its power conferred by section 5 of Act XXXII of 1975 passed the Services (Grades, Pay and Allowances) ......J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners Vs. Collector of Customs, Chittagong and others…………………&helli......n of the appellants is not a mere paper transaction as claimed by them. The appellants also prayed that they may be permitted to retain lien to the posts of preventive officers in case they are not granted retrospective seniority as prayed for, but the Appellate Tribunal having not found any law ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......ara 1208 that where damages have been assessed by a jury the position is different from that where damages have been assessed by a judge. Subject to two exceptions the Court of Appeal itself has no power to reduce or increase the award of damages because this would involve an invasion of the jury......hellip;…Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment November 21st, 1996. Cases Referred to- Overseas Tankship (UK) Ltd. vs. Morts Dock and Engineering Co. Ltd Wagon Mound (1961) AC......inate Judge should I maintained”. The High Court Division therefore dismissed the defendant-appellant’s appeal a affirmed the judgment and decree of the trial Court; 8. Leave was granted to consider the appellants’ submissions that before endorsing amount of compensation ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... the material on record is in the fact the manner in which a court of appeal disposes of an appeal. The learned Judges of the High Court Division exceeded their jurisdiction white exercising their power under certiorari to interfere with the judgment of an inferior tribunal. 7. It is also......ellip;……………………….. Respondents Judgment November 26th, 1996 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Mr B Hossain, Advocate-on- Record—For the Appellant Khan......tion in the Bangladesh Gazette Extraordinary dated 23rd September, 1986. His case is that, the disputed building originally belonged to one Md. Yahiya who had acquired it by way of perpetual lease granted by the erstwhile Government of East Pakistan on 10-8-62 under a registered deed of lease. M..Category: Property Law | Date: | Hits: 89
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......haka. 2. The petitioner, an accused of the aforesaid Sessions case, challenged the Notification in Writ Petition No. 2032 of 1997 mainly on two grounds, namely, that the Government lacks any power to hold the sitting of a particular criminal case at a particular place forsaking the usual ......espondents Judgment 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorney-General and Shar Chaklader, Assistant Att......hirdly, section 9(2) does not contain any prohibition forbidding the Government from making any special order in respect of a particular case. However, the absence of prohibition does not mean the granting of a power. The granting of a power is derived from not only the phraseology used in secti..Category: Constitutional Law | Date: | Hits: 179
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......el plying within or partly within and partly without the limits of the Chittagong Port. Section 19(1)(d) provides for charges for services rendered by the Port Authority to any vessel. Section 26 empowers the Port Authority to distrain vessels for non-payment of tolls, dues, rates, charges or pe......s directed against the judgment dated 30 January 1992 of the High Court Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant No. 1) to leave the territorial waters of Bangladesh without payment of the dues and our charges of the Po......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......r non-joinder of party and also for not bringing into hotch potch all the joint properties. 6. We find no substance in any of the contentions for the following reasons: First, the revisional power of the High Court Division is supervisory power which may also be exercised suo motu. ......Seyed Ziaul Karim, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 190 of 1997 (From the judgment and order dated 26 January, 1997 passed by the ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Karnafuli Cotton Mills Ltd................... Petitioner Vs. United Commercial Bank Ltd. a...... order dated 9-7-95 in which a Rule sought to be obtained by the plaintiff- petitioner-respondent was not pressed, yet, as prayed for by the respondent, an Advocate Commissioner was appointed, thus granting full relief to the respondent without issuing any Rule and without hearing the petitioner...Category: Procedural Law | Date: | Hits: 98
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......reated anomalies. It does not appear either that by formally passing an order in Bangladesh Gazette, the Government implemented the recommendation of the National Pay Commission in exercise of its power under section 5 of Act No. XXXII of 1975. While facing difficulties in the implementation of ......………………………. Respondents Judgment December 8th, 1996. Cases Referred to- Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) an...... the same status, one entailing ministerial functions and the other executive the appellant is not entitled to count his previous service for determination of seniority. 5. Leave was granted to consider the appellant’s submission that the impugned judgment of the Appellant Tr..Category: Administrative Law | Date: | Hits: 140
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......is from the judgment and order dated May, 11, 1993 passed by the High Court Division in Civil Revision No. 384 of 1990 discharging the Rule and upholding thereby the judgment and decree passed on October 11, 1989 by the learned Subordinate Judge, Meherpur allowing Title Appeal No. 156 of 1986 an......ivil revision case. A Single Bench of the High Court Division concurred with the lower appellate Court’s views and discharged the Rule by the impugned judgment and order. 5. Leave was granted to consider the submissions made for the appellants, that the lower appellate Court upon mi..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ...... is to be exercised in favour of a party, even though the party chooses not to ask for its exercise. Nor do I find anything in the latter part of the first paragraph of the section, which defines the powers of the Court that might induce me to take a view. The discretion mentioned in the section, as......g dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob…………….Respondent Judgment December 3rd, 1996 Cases referred to- Akhbar Shah vs. Yusuf Shah, 16 DLR (SC) 477; Daibakilal Basak vs. Iqbal Ahmed Quaraishi and a......he prayer for an appropriate relief the action is not entertainable. So, in order to maintain one’s action there must be prayer for appropriate relief, and accordingly, an appropriate relief may be granted when it is prayed for and not otherwise”. 12. A slightly divergent view was taken by Sa..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......d — For the Petitioner. Syed Badrul Alam, Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 606 of 1996 (From the judgment and order dated 2-8-96 passed by the High Court Divi......n the recommendation of the Managing Committee by two-thirds majority, and in the case of other teacher, the Deputy Director of Public Instruction, on the recommendation of the Managing Committee may grant the extension of service to a teacher under sub- regulation (1). (3) the grant of extension..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......ot the tender was made within the period stipulated in the agreement for reconveyance. 11. This court in Altafur Rahman vs. Tamijur Rahman 30 DLR (SC) 236 held: “As to the power of the High Court, in exercising its jurisdiction under section 100 of the Civil Procedure......g dead, his heirs Azimuddin Patwary and others …………………..Respondents (In both the appeals) Judgment August 7, 1996. Cases Referred to- Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haji Ranga Laskar......in the dismissal of the Suit as a whole. 7. The instant appeals CA Nos. 16 and 17 of 1988 are directed against the said judgement and decree of the High Court Division. 8. Leave was granted to consider whether the High Court Division was justified in reassessing the evidence as to..Category: Property Law | Date: | Hits: 60
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......
vs.
Md. Anwar Hossain and others……………….. Petitioners-Respondents
Judgment
July 8, 1996.
Result:
The appeal is dismissed.
Lawyers Involved:
AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—— For the Appellants.
SS Halder, ...... referred to as “the Board”, to arrange resifting of the aforesaid School from Alampur to village Khudbandi at its old site immediately and further directed to stop disbursement of all Government grants until the school was shifted again from Alampur to Khudbandi village. In the said memo the Mi..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......f to which he would never have agreed had he been a free agent; and if the original contract is varied by altering or omitting such terms the court will be remaking the contract, a thing it has no power to do; and; in any case, it will no longer be specifically enforcing the original contract bu......ellip;………………………………………. Respondents Judgment January 2nd, 1997 Cases Referred to- Kafiluddin and others vs. Saminuddin and others, AIR 1931 Cal. 67 = 34 CWN 698; Kali Ch...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ...... the trial Court. 7. The present appeal is by the heirs of the plaintiff from the said order of remand. Leave was granted to consider whether the circumstances of the case made the inherent power of the court under section 151 of Code of Civil Procedure available to the learned Judges of ......nd ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors………………………….. Respondents Judgment October 31, 1996. Lawyers Involved: Shamsul Huda, Advocate, instructed by Md. Rabiul Al......e learned Judges, however, did not reverse any of the findings arrived at by the trial Court. 7. The present appeal is by the heirs of the plaintiff from the said order of remand. Leave was granted to consider whether the circumstances of the case made the inherent power of the court unde..Category: Property Law | Date: | Hits: 82
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......fficer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may be fixed in the order. (5) I......ellip;………………..Petitioners Vs. Puspa Rani Shil and others ………………Respondents Judgment October 30, 1996. Lawyers Involved: Abdus Sobhan, Advocate, instructed by Md. Nawa......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
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