Search Options
Judgment Advanced Search
Displaying 181-200 of 2921 results.
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....thout lawful authority and hence, is of no legal effect. 2. Facts, in brief, are that the petitioner is the Dhaka New Market Byaboshayee Shomittee (Dhaka New Market Shop Owners' Association) (in short, the Association) which is a registered trade organization bearing Registration......Writ Petition No.1193 of 201 Judgment Farah Mahbub J.— In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the attempt to change the historical and approved master plan of......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Vs. Bangladesh, represented by the Secretary, Ministry of Civil Aviation, and others…………..... Respondents. Judgment March 8, 2012. Result: The Rule is made absolute. Lawyers Involved: Manzill Murshid, Advocate-for the petitioner Azmalul Hoss...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......ne, who allows its passengers to carry more than the permissible amount of weight after being satisfied by the illegal gratification for which the National Flag carrier is incurring huge financial loss. The petitioner further alleged that the management of Bangladesh Biman appears to be consisti..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....atus of the 11 accused petitioners and b) whether the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant persons and documents pertaining to the principle legal issues of the case prior to submitting his inve......e Ministry of Establishment…(28b). The cognizance order and the charge framing order are therefore set aside for enabling further investigation, however the quashment of the proceedings is not called for, due to the allegations of creation of false documents...............(27) Lawyers In......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....d of. Words and phrases Surplus public servant and চাকুরীচ্যুত কর্মচারী The term "surplus public servant" as defined in the Surplus Public Servants Absorption Ordinance, 1985 (XXIV of 1985)and the expression চাকুরীচ্যুত কর...... of the above we hold that the investigation conducted by the IO was incomplete and further investigation should be directed for securing the ends of justice. The quashment of the proceeding is not called for. However the cognizance order and the charge framing order should be set aside for enabli......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....s alias Ronju…………………Petitioner Vs. The State…………………....................Opposite Party Judgment February 29, 2012. Result: The Rule is made absolute. Lawyers Involved: No one appears - For the Petitioner. Mrs. Syeda Rabia Begum......ed 22.4.1998 and after investigation submitted charge sheet on 8.12.1998 against all the accused under sections 10(2) and 14 of the Nari-o-Shishu Nirjatan Damon (Bisheh Bidhan) Ain, 1995 (hereinafter called the Ain). 4. The case, after being ready for trial, was sent to the Nari-o-Shishu Nirjat......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....e plaintiff filed Miscellaneous Case No.7 of 2000 under section 114 of the Civil Procedure Code seeking review of that judgment stating, inter alia, that in that suit the plaintiff claimed interest also as provided in section 47B of the Insurance Act but the court, though decreed the suit, but omitt......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......of the plaintiff and that the entire machineries were old and second-hand procured and obtained from an old ship in 1988. That the insurer appointed a Surveyor to ascertain and determine the actual loss, who after investigation submitted a report on 28.05.1992. That the insurer appointed a consult..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
....th and Family Welfare, Bangladesh Secretariat,
P.S. Shahbag, Dhaka, Bangladesh and others………......
Respondents.
Judgment
February
19, 2012.
Result:
The Rule is made
absolute.
Lawyers Involved:
Manzill
Murshid, Advocate-For
the petitioner.
Abdul Bas......in opposition under which this money is realized. However he admitted
that there is no legislative authority to back up this realization.
For us, the only question is whether realisation of
so-called user fees at the public hospitals are within lawful authorities.
22. It transpires from ......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....edly the respondent as importer opened L/C to import certain goods to the tune of Taka 2, 00,000. After arrival of the goods the defendant failed to take delivery in time and, as such, the goods were sold in auction and thereafter the Bank sent a notice to the defendant to adjust the money with the ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......fendant that because of the lacuna and laches of the bank and its nominated agent who is responsible to release the goods who failed to do the same in time resulting which the importer sustained huge loss. However, after receiving the goods the same was sold in auction and the auction money was adju..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....a Ruhidas Vs. Chandan Kumar Sarker, AIR 2003 SC 3701, Coventry and Solihull Waste Disposal Co Ltd V. Russell (Valuation Officer)[2000]1 All ER, 97, Re Nanaimo Community Hotel Ltd [1944]4 DLR 638, Johnson v Johnson [1952] 1 All ER 250 at 251-252, [1952] P 47 at 50-51, D.G. Mahajan Vs. State of Mahara...... that the appellant defaulted in payment of telephone bills.
III. The findings of the High Court Division on the points of loan defaulter and bill defaulter are so exhaustive that no interference is called for by this Division.
14. To begin with, it is necessary to have a glimpse on the submission......as ‘Bad and Loss’.
21. Meaning of মেয়াদোত্তীর্ণ according to Bangladesh Bank: On the point of a loan becoming due or মেয়াদোত্তীর্ণ and bad and loss (মন্দ/কুঋণ) “Master Circular-Loan Classification and Provisioning” issued b..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
.... Regulatory Commission (BTRC) and others……...............Respondents
Judgment
February 13, 2012.
Result:
The writ petition is maintainable. The Rule is made absolute in part.
Tele Communication (Amendment) Act (XLI of 2010)
Sub-section (2) of sectio......rily when BTRC sought to apply the MCF through the impugned memo in respect of the same spectrum, which suffers from unreasonable ness.........(32)
Consumer tax
The value added tax is called ‘consumer tax’, as it is the consumer who ultimately pays the VAT. Although the w......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....ulent which is not binding upon the plaintiffs. 4. The suit was instituted by two ladies who are the daughters of late Abul Hasnat alias Badsha Miah by his second wife, defendant Nos.1-4 are the sons and daughters of said Badsha Miah by 1st wife Shamsun Nahar while the defendant No. 6 is the so......rit we kept the appeal for judgment on 5-2-2012. 10. From the narration made above, about the situation took place before this Court unmistakably suggests that the appellants upon obtaining a so-called compromise, signed by the respondents were reluctant to appear before this Court, since they ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....lip;……............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High C......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......he Supreme Court noticed that the condemned prisoner was an old man and there is a degree of provocation to the older person appearing in such behavior by the young boy which would naturally leave to loss of temper. Considering that aspect of the matter, the Supreme Court interfered with the se..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....nd the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period excee......t;. 21. According to the established principle of interpretation of statutes, the specific words must apply not to different objects of a widely differing character but to something which can be called a class or kind of object. Where this is lacking the rule cannot apply. Where the words are c......; Before granting sanction the Administrator must be satisfied that such transfer is necessary for the improvement and benefit of the waqf and not to cause any injury, waste or loss of the waqf...........................(83) Transfer of any immovable property of a wa..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....s to why the proceedings of Jhenaidah Sessions Case No.105 of 2008 under section 304A/34 of the Penal Code, 1860 now pending in the Court of Additional Sessions Judge, Jhenaidah should not be quashed so far as it relates to the accused petitioner Khalekuzzaman. 2. The facts relevant for disposa......ll as those referred to by the learned Deputy Attorney General. It must be borne in mind that High Court's extraordinary power under its inherent jurisdiction is a residuary power which cannot be called in aid where alternative remedy is available. Our view lends support from the case of Abdul Q......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....ab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J MN Alam Associated Ltd......... ……………….Appellant Vs. ......n application in the eye of law. It was further argued that since the respondent failed to file the written objection within the period as contemplated under Article 158 of the Limitation Act, the so-called deposit made under section 33 of the Arbitration Act is a nullity as the same has rendered th...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....s executed accordingly. The plaintiff paid a sum of taka 8, 00,000 (eight lac) to defendant No.2 in 6(six) installments from 1-5-2000 to 2-6-2001. The plaintiff found the flat small in size in comparison with her need. So, defendant No.2 proposed to sell flat No.4/B of the project, 'Primrose' at plo......ot, in any way, affect the said right of the plaintiff, the High Court Division rightly dismissed the appeal concurring with those of the learned Joint District Judge and, as such, no interference is called for with the impugned judgment and decree and the leave petition be dismissed. 13. From ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
.... Nirjatan Damon Case No.79 of 2002 convicting the appellants in both the appeals under section 6(1) of the Nari-o-Shishu Nirjatan Damon Ain, 2000 and sentencing each of them thereunder to suffer imprisonment for life with a fine of Taka 5,000/- (five thousand) only in default to suffer rigorous impr...... Case No.10 dated 9.3.2002. Police, after investigation, submitted charge sheet on 7.5.2002 against both the appellants under sections 6 (1) of the Nari-o-Shishu Nirjatan Damon Ain, 2000 (hereinafter called the Ain). 5. The case, after being ready for trial, was sent to the Nario-Shishu Nirjatan ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... Amenah Begum Ali Ispahani owned and possessed the same by way of a registered deed of lease dated 18.06.1966 executed between herself as lessee and the Dhaka Improvement Trust (now RAJUK), as the lessor. The lessee constructed a single storied building upon the said plot. On 18.12.1986 Amenah Ispah...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to compensation from the other party for any loss which he may sustain in consequence of the nonperformance of the contract”. 26. Thus, if..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
....cause it may give wrong result. So Court will not adhere to a rule of principle established by previous decisions which has already been found to be an erroneous one. The rule of stare decisis is not so imperative or inflexible as to preclude a departure there from any case; but its application must......rialise of its own way of thinking. These are the matters which can be examined only by the concerned Court on recording the evidence adduced by the prosecution. The High Court Division should not be called upon to examine the truth or otherwise of each instances of alleged corruption or criminal mi......y the prosecution during the course of trial. Moreover, abusing their position as public servant the accused-petitioners contributed much for obtaining pecuniary benefit for some other person causing loss of more than Taka 150 crores of the government which is enough to constitute the prima-facie el..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....ction 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and Rule so was issued calling upon the opposite-party to show cause as to why the accused-petitioner shall n......oner is found to be a biological father he is also ready to bear the expenses and maintain the child in accordance with law but on such ground the bail, which has already been granted, cannot be re-called. 6. On the other hand, Mr. Zahirul Haque Zahir the learned Deputy Attorney-General has s......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
96448553876284717439795886249698585288268960905289928696915883326603577982427960