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National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......tiation although this is the very allegation raised on behalf of the defendant-bank both in its written statement as well as in the deposition adduced on their behalf. 50. It is a well established principle that the plaintiff has to prove its own case on preponderance of evidence but from the dis......No. 202 of 1993 with Appeal from Original Decree No. 204 of 1993. Judgment ABM Khairul Haque J.- The First Appeal No. 202 of 1993 and First Appeal No. 204 of 1993 are taken up together for hearing because both the appeals arose from the same transaction although there are two separate...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......lose, with reasonable certainty, that an offence has been committed, then the accused should not be allowed to go scot free merely on technical grounds which render the trial itself bad." 18. This principle was followed in the subsequent case of Haji Hyder Ali vs. Haji Md. Sekender, 13 DLR 119, t......s 143/447/323/324/379/307/114 of the Penal Code and directing the trial Court to write a fresh judgment on retrial in the light of discussion of evidence made in the body of the judgment. 2. The informant filed a petition of complaint with the Magistrate, 1st Class, Nilphamari on 6‑11‑1996 ag......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......as been filed by the petitioner reiterating the facts as stated in the writ petition and stating further that since the respondents acted illegally, mala fide and in an arbitrary manner violating the principle of natural justice the instant writ petition is very much maintainable within the meaning ......ther or further order or orders passed as to this Court may seem fit and proper.
2. In the writ petition it has been stated, inter alia, that on 19‑5‑2002 the petitioner filed an application before the respondents for environmental clearance certificate to install a factory at 58/2 Senpara (P......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
..
Category: Environmental Law | Date: | Hits: 226
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......reported in 3 DLR (FC) 58. 19. In the case of Nurul Islam Vs. State reported in 18 BLD 695 it was also held that provision of section 342 Cr.P.C. being mandatory the departure from the fundamental principle of the section causes grave prejudice to the accused since the accused appellant was not g......riage she went to the house of her husband and continued to live there. Out of their wedlock a son was born. The complainant noticed that the husband had been addicted to drinking and gambling from before. The accused used to demand dowry from her and used to cause mental and physical torture to her......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......or special order. So, it is clear that the legislature has not left under section 13 of the Customs Act, 1989 an unfettered or uncontrolled discretion in the hands of the Commissioner of Customs. The principle enunciated by our Appellate Division in the case of Dr. Nurul Islam, reported in 33 DLR (A......cts. The respondents are different state functionaries.
2. The petitioner claims to have commenced its commercial production. Its projected annual output was put at 30,000 metric tons. It requires for its production raw materials from abroad. It says it will be obliged, each time it imports its r......cted in this case. Mr. Hasan has also referred us to two other decisions reported respectively in 6 SCC 533 and 1969 ELT (SC) 3461. It will not be necessary for us to refer to those decisions for our determination of the instant writ petition.
12. In deciding the applications for granting a wareh..
Category: Fiscal/Taxation Law | Date: | Hits: 108
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81....... that there were allegation against him which adversely affected the petitioner’s career and reputation. Such cancellation without giving an opportunity to the petitioner to be heard is against the principle of natural justice. It was done mala fide and for collateral purpose. A copy of the impugn......of the Supreme Court of Bangladesh. He was appointed as Special Prosecutor in pursuance of the order dated 8-5-97 passed by the Appellate Division of the Supreme Court of Bangladesh in Civil Petition for Leave to Appeal No.350 of 1997. In compliance of the said order the petitioner along with anothe......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......se reported in 53 DLR (AD) 79, the learned Additional Attorney-General found it difficult to support the case of the respondent No. 3. The learned Additional Attorney-General frankly submits that the principle of law enunciated in 53 DLR (AD) 79 is fully applicable in the present case. 12. For t...... may seem fit and proper. 2. The case of the petitioners, inter alia, is that the then Government of erstwhile East Pakistan developed the vast Mirpur area into residential plots and nucleus house for a residential estate in 1960s and utilised the vast vacant land at sections 1, 2, 6, 7, 10, 11 a......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......lly entitled to exclude the registration numbers of the petitioners from the impugned notice. It is also the contention of the petitioners that the impugned notice has been issued in violation of the principles of natural justice and the petitioners have been denied of their fundamental rights to ......64 Cal 265, 272; Shearer vs. Shield 1914AC 808; Dr. Nurul Islam vs. Bangladesh 1981 BLD (AD) 140 = 33 DLR (AD) 201; Mansurul Aziz and another vs. Secretary, Ministry of Land Administration and Land Reforms and others 1981 BLD (AD) 75; Khondker Moshtaque Ahmed vs. Bangladesh 1982 BLD (AD) 39 =34 DLR ...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......in section 2(v) of the Employment of Labour (Standing Orders) Act, 1965 and, as such, the suit was not barred under that Act and the order of his dismissal from service was passed in violation of the principle of natural justice as he was not given an opportunity of being heard and, as such, the dis......f, are that the opposite party No. 1 as a plaintiff filed Other Class Suit No. 196 of 1992 in the Court of the Senior Assistant Judge, Mymensingh Sadar in which the petitioner was the defendant No. 3 for declaration that the order of dismissal of the plaintiff-opposite party No.1 from the service vi...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......desh and others, 7 BLT (AD) 313 by observing that recommendation of a cabinet committee cannot be enforced through a writ for the simple reason that it is not law. 30. However, it is now a settled principle of law that Article 102 of the Constitution can be invoked only where the petitioner's rig......respondent No. 2, Banking Division (Annexure E) and/or such other or further order or orders passed as to this court may seem fit and proper. 2. To appreciate the points that have been canvassed before us, it will be convenient to narrate briefly, the material fact in chronological order. 3. T......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......gainst an order of an Election Tribunal was mainly based on the erstwhile provision of section 115 of the Code that an Election Tribunal was "not a Court subordinate to the High Court Division". That principle could no more be now pressed into application in the exercise of revision jurisdiction by ...... Procedure against the judgment and order dated 16-10-05 passed by the Additional District Judge at Sherpur in Civil Revision No. 16 of 2005, which reversed the order of the Election Tribunal calling for election materials for recounting of the votes. 2. Short facts for disposal of the Rule a...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..Category: Election Law | Date: | Hits: 99
....e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......0-11 -2006). Given our views above on the nature of this writ and the fact that we are faced here with an effective failure to exercise discretion given to the respondent under the Act, the governing principle here must be that the authority in which a discretion' is Vested can be compelled to exerc......
Salma Masud Chdwdhury J
Syed Refaat Ahmed J
MGH Infocomm Ltd......................................Petitioner
Vs.
Bangladesh, represented by Secretary, Ministry of Information....Respondent
Judgment
December 14, 2006.
Cases Referred To-
R......lso be seen to discharge that duty and make that endeavour. At this juncture and in the facts and circumstances of this case there, therefore, arises here the residual question of a final disposal or determination of the application for licence dated 17-10-2006 (Annexure 'K' to the Supplementary Aff..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......plot by way of purchase. The pre-emptor has been owning and possessing the 0.20 acres by erecting houses thereon. Be that as it may, on 20-12-1998 the opposite party Nos. 2 and 3 transferred the aforementioned 0.15 acres to the pre-emptee-petitioners behind the back and without the knowledge of ...... land and accordingly, the court of Appeal below allowed the appeal and the pre-emption Miscellaneous case by reversing the judgment and order of the Court of first instance. 7. The only point for determination in this Rule is, whether the court of Appeal below committed any error of law result..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ...... section 115 of the Evidence Act. 28. In the case of Moslem Ahamed Sarker (Md) vs. Abdul Khaleque and others reported in 50 DLR 616, it is held— "Before a party could be barred by the principle of estoppel, waiver and acquiescence it must be established that opposite party acted bona......Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fakir Mohammad, PLD 1976 (Karachi 14). Lawyers involved: TH Khan. Senior Advocate with Md. Mosharraf Hossain Sarder and Md. Mainuddin, Advocates-for the Appellant. Abdur Razzaq, Senior Advocate with Mohammad Hossain, Advocate—For the Re......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......n the case of Ali Ahmed vs. Rezia Begum and others reported in 1986 BLD 326. 4. On behalf of the respondent Nos. 10, 13 and 14, the learned Advocate Mr. MA Quayyum Chowdhury submitted that the principle of the law is, that if a co-sharer is in possession of specific portion of joint property ......lass Suit (Partition) No. 1 of 2005 in the Court of the Joint District Judge, 2nd Court, Lalmonirhat. In that suit he filed a petition under Order XXXIX, rule 1 of the Code of Civil Procedure praying for ad interim injunction restraining the defendants from changing the nature and character of the s......y the impugned judgment and order allowed the petition and restrained the defendant Nos. 3, 4, 8 and 9 to maintain status quo. Being aggrieved they have preferred this Miscellaneous Appeal. Point for determination in this Miscellaneous Appeal is, that whether the impugned judgment and order passed a..Category: Property Law | Date: | Hits: 46
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98....... to get title even on the basis of invalid title, though the defendant No. 1 did not specifically claim title by adverse possession vide the decision reported in 7 DLR 94. 31. It is an established principle of law that the revisional Court does not interfere in the concurrent finding of fact save...... Other Suit No. 30 of 1997 decreeing the suit in part. 2. The petitioner as plaintiff filed other Suit No. 30 of 1997 in the Court of the learned Joint District Judge, Court No.1, Rangpur, praying for partition of an area of 4.70 acres of land out of the suit jote. 3. The plaintiff's case, in......e the evidence and that the learned Courts below committed no illegality or material irregularity in passing the impugned judgment warranting any interference by this Court. 15. The only point for determination is, whether the learned Additional District Judge has committed an error of law result..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......provides, inter alia, as follows: "24. All persons having contact with, or being responsible for, children in the criminal justice system should receive education and training in human rights, the principles and provisions of the Convention and other United Nations standards and norms in juvenile......No. 577 of 2004. Judgment Md. Imman Ali J.- This Reference under section 374 of the Code of Criminal Procedure submitted by the learned Additional Sessions Judge, 1st Court, Jhenaidah is placed for confirmation of the sentence of death imposed upon accused Md. Roushan Mondal @ Hashem upon find......re laid down under section 66 of the Act and ascertained the age of the accused after due process and in accordance with the law. Section 66(1) of the Act provides as follows: "66. Presumption and determination of age.— (1) Whenever a person whether charged with an offence or not, is brought be..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......e is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. He submits that as per provisions under s......creeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 232 of 1999 in the First Court of Subordinate Judge, Dhaka for Specific Performance of Contract of sale of apartment No. 3.B at 3rd floor measuring an area 216......73/G, Gulshan Residential Area, Dhaka at a consideration of Taka 41,22,000. Accordingly, he paid entire money (money receipts (Exhibits Nos. 1 and 2) against aforesaid apartment. 20. The point for determination is, whether the learned Joint District Judge, First Court, Dhaka, committed any error ..Category: Business or Commercial Law | Date: | Hits: 208
....e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
....... 29(12) empowers the authority of the University to impose any punishment on the recommendation of the disciplinary committee even where a misconduct committed by an examinee. As a matter of general principle, a Court of law does not like to interfere in the matter of imposition of punishment by th......have been passed without lawful authority and is of no legal effect.
2. The short facts of the petitioner's case are, that they were regular students of Patuakhali Government College, who appeared for Honours examination from the Department of Management in the examination held in the year 2000 u......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......ations made in the petition stating, inter alia, that the writ petition is not maintainable in its present form. The respondent No. 2 employer have complied with the requirements of law including the principles of natural justice by affording the petitioner an opportunity of being heard and he was a......ions against him on 12-8-1996. The petitioner gave reply to the charge framed by the respondent No. 2 Mill Authority. Without considering his reply the Mill Authority constituted an Enquiry Committee for investigation of the matter. The Enquiry Committee was not neutral. The petitioner was not given......piry of the said period of two years, shall continue on the panels till the new panels are constituted and notified in the official Gazette; (4A) The Chairman shall, for adjudication, enquiry, determination or disposal of a case relating to a specific industrial dispute, select one person fro..Category: Labour and Industrial Law | Date: | Hits: 108
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