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Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... The fixation is done quarterly each year after taking into account the international market value of the commodities and the same is reflected in the Harmonised System of Coding known as HS Code and published in the Gazette notification. The tariff value is determined after due deliberation and con......ls). Mahmudul Islam, Attorney General instructed by B Hossain, Advocate-on-Record—For the Respondents (In both the appeals). Civil Appeal Nos. 116 & 117 of 1997. (From the judgment and order dated 17-12-1996 passed by the High Court Division, Dhaka in Writ Petition Nos. 4336 and 4337 ...... Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......ppellate Division (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: ..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. ......Record-For the Appellants Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Nawab Ali, Advocate-on- Record—For the Respondent. Civil Appeal No. 36 of 1995. (From the judgment and order dated 24-8-94 passed by the High Court Division, Dhaka in Writ Petition No. 449 of 1994). J......erred to- Amaresh Chandra vs. Bangladesh, 31 DLR (AD) 240, Nasir Ahmed vs. Assistant Custodian, AIR 1980 (SC) 1157), Bangladesh Telecom vs. T&T 48 DLR (AD) 20. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellants Khondker Mahbubuddin Ahmed, Senior Advocate, instructed......uiting agent but only referred to alleged warning given to the respondent in 1987 without providing any further fact or framing any specific charge. As to the cancellation of licence in 1987, it was done without affording any opportunity to the respondent and the licence was restored by order dated ..Category: Constitutional Law | Date: | Hits: 192
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......t. respondent against which the respondent filed Miscellaneous Case No. 11 of 1992 under Order IX rule 13 CPC which was allowed by the Senior Assistant Judge, 1st Court, Chittagong by judgment and order dated 29-10-92 on the ground that although the respondent could not prove that he was ill on ...... Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J AKM Jamaluddin & others………………….Petitioners Vs. ......l CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J AKM Jamaluddin & others………………….Petitioners Vs. Mantu Lal Majumder…………………...Category: Procedural Law | Date: | Hits: 118
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....f Bangladesh Bank were directly recruited in pursuance of a Public Service Commission Notification dated 30-10-75, above the said 73 officers, and for correction of the seniority list prepared and published by the Bangladesh Bank on 31-3-90. 2. The Administrative Tribunal heard all the ca...... N H Khandker, Advocate-on-Record—For Respondent Nos. 2-6 (in all the Petitions). Civil Petition for Leave to Appeal Nos. 109. 136, 137 and 138 of 1996. (From the Judgment and order dated 23-11-95 passed by the Administrative Appellate Tribunal in Appeal No. 99 of 1994). ......eme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Hafizuddin (Md) and three others……………………. Petitione......tafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Hafizuddin (Md) and three others……………………. Petitioners &nb..Category: Administrative Law | Date: | Hits: 159
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......ior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondents. Criminal Petition for Leave to Appeal No. 94 of 1995. (From the judgment and order dated May 2, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 965 of 19...... The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ...... Latifur Rahman J Md Abdur Rouf J BR Roy Choudhury J Ansarul Haque……………………… Petitioner Vs...Category: Criminal Law | Date: | Hits: 93
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ...... by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 50 of 1997. (From the judgment and order dated July 2, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 2342 of 1992...... Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Primal Ranjan Das ……………….. Defendant-Petitioner Vs. Nasima Khatun …………………..Plaintiff-Respondent Judgment January 22nd, 1997 Lawyers Involved: Fazlul K......il) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Primal Ranjan Das ……………….. Defendant-Petitioner Vs. Nasima Khatun …………………..Plaintiff-Respondent Judgment ..Category: Tenancy Law | Date: | Hits: 70
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
.... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 177 of 1996 (From the judgment and order dated August 11, 1996 passed by the High Court Division, Dhaka in Criminal, Revision No. 574 ......dge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BR Roy Choudhury J Sorbesh Ali and anr ……..Accused-Petitioners &n..Category: Criminal Law | Date: | Hits: 53
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 ......pondent 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 by the High Court Division in Civil Revision No 169 of 1989 (Sy......dents Judgment May 15th 1997 Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For the Petitioner. Abdul Aziz, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For Respondent Nos. 1-4, 6, 10-14. ...... Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J. Abdur Rahman (Md) ……………………….Petitioner &nbs..Category: Property Law | Date: | Hits: 84
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......ain, Advocate-on-Record — For the Petitioner. Not represented—Respondents. Civil Petition for leave Appeal No. 209 of 1997. (From the judgment and order dated November 27, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 1408 o......tafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J. Abdul Kaiyum (Md) …………………...Plaintiff -Petitioner &...... Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J. Abdul Kaiyum (Md) …………………...Plaintiff -Petitioner &nbs..Category: Property Law | Date: | Hits: 64
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 ...... Zakir Ahmed, Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on-Record -For the Respondent in both the appeals. Civil Appeal Nos. 48 and 49 of 1993 (From the Judgment and order dated 2-3-93 passed by the High Court Division in Income Tax Reference Application Nos. 30 &a...... (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Appellant ...... Vs. Commissioner of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent Judgment ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
.... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ......urt, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — the Respondent. Civil Petition for Leave to Appeal No. 343 of 1994. (From the Judgment and order dated 27-2-1994 passed by the High Court Division in Civil Order No. 1074 of 1994. Judgmen......htly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ......ate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Nur Islam (Md) ……………………….Defendant-Petitioner Vs. Agrani Bank………………… Plaintiff-Respondent Judgment January 10, ..Category: Civil Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......n-Record — For the Respondent No. 1. Not represented—Respondent Nos. 2 & 3. Criminal petition for Leave to Appeal No. 143 of 1996. (From the Judgment and order dated 8-7-96 passed by the High Court Division, Dhaka in Criminal Revision No. 450 of 1996). ......s dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......TM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Abdul Khaleque and Others………………..Petitioners &nb..Category: Criminal Law | Date: | Hits: 63
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......y Sharifuddin Chaklader, Advocate-on-Record—For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 154 of 1995. (From the Judgment and order dated 29-11.94 passed by the High Court Division in Civil Revision No. 1618 of 1991 (Dhaka) 1......(Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment April 23, 1995. Lawyers Involved: Syed Dasta...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plain..Category: Property Law | Date: | Hits: 61
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......Appellant. Md. Nowab Ali, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-4. Civil Appeal No. 58 of 1996. (From the judgment and order dated August 20, 1996 passed by the High Court Division in Civil Order No. 2474 of 1996). ...... ......igh Court Division in Civil Order No. 2474 of 1996). Judgment: Latifur Rahman J: This Appeal following leave by the appellant who was an election petitioner, calls in question the judgment and order passed by a Single Judge of the High Court Division..Category: Others | Date: | Hits: 87
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....9-91 passed by the Administrative Tribunal, Dhaka in AT Case No. 77 of 1990. 2. The present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs Chittagong on 26-11-88 was illegal and unlawful They claimed ......and 19. Mahmudul Islam, Senior Advocate, instructed by Md Altaf Hossain, Advocate-on-Record — For Respondent No. 33. Civil Appeal No. 45 of 1995. (From the Judgment and order dated 29-9-93 passed by the Administrative Appellate Tribunal Appeal No. 74 of 1993) Jud......hers………………………Respondents Judgment March 27th, 1997 Lawyers Involved: Abdur Rab Chowdhury, Senior Advocate instructed by Md Nawab Ali, Advocate-on-Record- For the Appellants. Mainul Hosein, Advocate......amal J Latifur Rahman J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners Vs. Collector of Customs, Chittagong and others…………..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 ......Ext. 14 is a totally different Exhibit. The plaintiff as PW 1 clearly admitted in his cross examination that he has not filed the certified copy of the petition of compromise, nor has he filed any order of the Court in respect of the compromise. Mr. Rafiq-ul-Huq has submitted an application for ...... Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment ......hich is actionable per se did the High Court Division take the right view in law and on facts in assessing the quantum of damages sustained by the plaintiff The plaintiff-respondent’s Money Suit No. 84 of 1986 for compensation and damages was decreed by the 2nd Court of Subordinate J..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 ......vocate, instructed by Md Nowab Ali, Advocate- on-Record--For the Respondent No. 1 Not represented—Respondent: No. 2 Civil Appeal No. 55 of 1994. (From the judgment and order dated June 22, 1993 passed by the High Court Division in Writ Petition No. 1477 of 1988). ......ellip;………………….. Respondents Judgment November 26th, 1996 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Mr B Hossain, Advocate-on- Record—For the Appellant Khandker Mahbubuddi......22-6-93 passed by the High Court Division making the Rule absolute in Writ Petition No. 1477 of 1988, thereby declaring the enlistment of the disputed building in the ‘ka’ list of abandoned building vide notification in the Official Gazette dated 23-9-86 to be without lawful authorit..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......d by Sharifuddin Chaklader, Advocate-on- Record—For the Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No. 10 of 1995. (From the judgment and order dated August 29, 1995 passed by the High Court Division in Criminal Revision No. 290 of 1991......ng the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ...... Respondents Judgment March 5, 1997. Lawyers Involved: Rokanuddin Mahmood, Advocate instructed by Shamsul Haque Siddique, Advocate-on -Record—For the Petitioner. Shahabuddin Ahmad, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advo..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... 2032 of 1997). Judgment: Mustafa Kamal J: By Notification SRO No. 58/Ain/97 under section 9(2) of the Code of Criminal Procedure dated 3-3-97, published in the Bangladesh Gazette on 4-3-97, the Government directed that the Court of Sessions, ......essions and, secondly, a Court of Sessions cannot have two sitting places at the same time. The writ petition was dismissed summarily by a Division Bench of the High Court Division by judgment and order dated 30-4-97 from which the accused-petitioner has preferred this petition for leave f to ap......Judge of the Court of Sessions, Dhaka & other…………… Respondents Judgment 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney Ge......hellip;……………………………………………………………. Petitioner Vs. Sessions Judge of the Court of Sessions, Dhaka & other……&he..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record—For the father of the deceased (PW 6). Criminal Appeal No. 30 of 1996 (From the judgment and order dated 13-8-95 passed by the High Court Division, Dhaka in Criminal Appeal No. 258 of 1992). ...... same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......Court Division, Dhaka in Criminal Appeal No. 258 of 1992). Judgment: ATM Afzal CJ: In this appeal by leave against an order of acquittal of the lone respondent from the charge of murder and grievous hurt passed by a Division Bench of the High ..Category: Criminal Law | Date: | Hits: 77
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