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Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....fect to and further that there is no mention in the agreement that the same was only for these 44 persons as alleged by the petitioner. 5. Perused the petition, the affidavit-in-opposition and the relevant annexures and heard the learned of both the parties. 6. Mr. Khalilur Rahman with Mrs. Sy......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....s throughout Bangladesh at the aforesaid approved price inclusive of excise and regulatory duties duly checked and verified on the respective gate passes by the Excise Inspector Superintendent of the relevant circle engaged for the petitioner’s factory. It has been stated that the excise and regul......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393....... High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Sayed J R Mudassir Husain J Gazi Wires Ltd……………Petitioner Vs. National Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
....ment servant from amongst a group of Government servants similarly situated and holding similar jobs, there invariably exists the scope for arbitrary exercise of such discretion.
Discretion of the relevant authority must be seen to have been exercised on some such principles as are discernible in......Court of Settlement correctly found that the date of death of Sk Jalil cannot be relied upon. It further appears that the Settlement Court also on proper consideration of the facts, circumstances and papers available produced before it and from the Government file rightly held that the admitted owne......
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......that of the petitioner’s claim for 21 decimals of land he filed a kabala covering only 131/2 decimals of land and he did not file any document for the remaining land claimed by him whereas both the documents were filed before the Court of Settlement but the Settlement Court did not take into consi..
Category: Property Law | Date: | Hits: 150
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....esaid decision of the Government, would be pleased to accord consent for withdrawal of the case in respect of the two accused referred to above as per the provision of section 494 Cr. P.C." The relevant Memo conveying government decision, sent to the Deputy Commissioner, Bakerganj, reads as fo......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329............Appellant Vs. State...................Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawyers Involved: Moinul Hossain, Advocate, with Md. Joy......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...Category: Criminal Law | Date: | Hits: 82
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....n the contents of the will and the evidence of witnesses for both the plaintiff and the defendant. On a reference to the will itself, a copy of will which was presented for our satisfaction, we found relevant the following clauses: “৩। এবং আমার জ্যৈষ্ঠ ভ্র...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......llants. S.R. Pal, Senior Advocate, (S.C. Das, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record - For respondent No.1. Civil Appeal No. 56 of 1982. (From the Judgment and Order dated 25.11.81 passed by the High Court Division in First Appeal No.20 of 1975). Judgme......raborty. P.W.2, Jatindra Mohan Chakraborty, who is the son of the scribe, Ramesh Chandra Chakraborty, stated that his father used to maintain a note book, Ext. 2, wherein he used to maintain names of documents written by him. P.W.1 who is the plaintiff respondent stated the facts relating to the wil..Category: Property Law | Date: | Hits: 80
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....on that Artha Rin Adalat is a Court, in addition to the reference made in sub‑sections (4) and (5) of section 5 of Artha Rin Adalat Ain, 1990 Mr. Rokanuddin Mahmud cited the case of 38 DLR (AD) 172 relevant page 184 paragraph 35. From the nature and function of the Artha Rin Adalat as provided und......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......n) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Agrani Bank……………………………………………………………..Petitioner Vs. Sultana Jute Mills Limited and others…………………….Respondents Judgment December 1, 1993. Result: The R......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....h other except that a small metal disc, popularly known as show cap is fixed with a screw onto a depression in the middle of the bottom portion of the respondent's fan. 9. Let us now look into the relevant law: Section 2(5) of the Patents and Designs Act, 1911, is to the effect: "Design" me......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437....... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J KM Hasan J National Fans Ltd…………………Petitioner Vs. Md. Firoz and another…………………Respondents Judgment March 20, 1995. Result: The applic......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
.... that the interim injunction is temporarily set aside it is undoubtedly under the temporary injunction which will be stayed pending appeal and means, that proceeding appeal. I have already quoted the relevant portion of Order 41 rule 5(1) of the Code of Civil Procedure and from a reading of that it ......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Reza (Md.)………………Petitioner Vs. Executive Engineer, Facilities Department, and others………………Opposite Parties Judgment March 13, 1997. Result: The Rule i......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....Rin Adalat No.3 and Subordinate Judge, Dhaka in Money Suit No 109 of 1991 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule are as follows: The opposite party as plaintiff......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......………Petitioner Vs. Bank Indosuez…………………Opposite Party Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (AD) 174. Lawyers Involved: ......t in two consignments. The plaintiff requested the defendant to release the goods but the latter expressed his inability due to financial hardships and requested the plaintiff Bank for release of the documents and assured the plaintiff Bank to pay the dues within one month. Accordingly in good faith..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....te decree or for review the applicant, i) must either deposit the amount in Court due under the decree or judgment. ii) or give security to the Court for the amount so due. 11. These are the relevant provisions as are found both in the Code as well as the Small Cause Courts Act. It is there......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......st. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of 1983 (Suo Motu) Judgment Fazle Munim CJ.- I have gone through the judgment of Shahabuddin Ahmed, J. and agree with his reasoning and conclusion. I would, however, like to add a few words on some aspec...... normal course of Court's business and it records facts chronologically. It opens as soon as a proceeding is initiated and closes on the delivery of the judgment. That is why it always precedes other documents of the Case. But in the instant case the Order-sheet has started from page 13 of the Recor..Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....rocedure in not observing and giving due weight to trial Court's observation on the demeanour of witnesses. In reversing the finding of fact the learned Single Judge has taken pains to consider all relevant witnesses, and other evidence on record. His findings of fact have been set out earlier, ......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....e therefore not to confine to statutory authorities and instrumentalities of the state. They may cover any other person or body performing public duty. The form of the body concerned is not very much relevant. What is relevant is the nature of the duty imposed on the body.’ The Supreme Court went ......stalling machineries therein. It had also paid the respondent no.1 Tk.1,20,00,000.00 for the lease period. The respondent no.6 obtained the lease pursuant to a tender notice published in various news papers. The respondent no.6 is not expected to know any violation of other lease agreement to which ......dhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made ab...... these Writs the Monarch, through the Star Chamber and the Court of King’s Bench, kept the inferior bodies within their power. 37. In the earliest times, the Royal Writs were sealed governmental documents, drafted in a crisp, businesslike manner, by which the king conveyed notification or order..Category: Property Law | Date: | Hits: 159
....n express promise from the Dhaka City Corporation that the petitioner would be allowed to undertake the work and then to retain it’s harvest.
42. The promise was clear, unambiguous and devoid of relevant qualifications, as it ought to be as per the Court of Appeal’s mandate in- R Vs. Newhan L......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
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Category: Civil Law | Date: | Hits: 218
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....e RAB personnel arrested the appellant and recovered some books and cassettes from his house after the Magrib prayer. 10. P.W. 11 Md. Kamruzzaman, a Sub-Inspector of Police deputed to RAB-5 at the relevant time stated that the raiding party arrested the appellant from his house on 9.12.2005 and r...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......rney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Quddus J.- This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 29.3.2007 passed by the Special Tribunal No.4, Rajshahi in Special Tribunal Case No....... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... authority and is of no legal effect, and why they should not be directed to mutate the said property in the name of the petitioner by receiving the transfer fee. 2. Short fact, as appear from the relevant documents annexed to the writ petition, are that the land and the building thereon at plot ...... The respondent RAJUK has entered appearance and contested the Rule by filing affidavit-in-opposition contending mainly that the petitioner having failed to pay the transfer fee and submit required papers, they could not mutate the said property. In addition, they contend that since the said pro......s. Rowshan Ara, 57 DLR (AD) 167; Sarwari Begum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, A......y and is of no legal effect, and why they should not be directed to mutate the said property in the name of the petitioner by receiving the transfer fee. 2. Short fact, as appear from the relevant documents annexed to the writ petition, are that the land and the building thereon at plot No.N(W)H,..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ation of Taka 23,41,958 as income from other sources on the basis of a report of the Income Tax Inspector upon the estimate of the cost of the house as worked out by the Deputy Commissioner of Taxes, relevant question of law that appears to us to be raised in this reference for determination should ......iples of natural justice. 7. Lastly, he submitted that the application submitted his return for the year in question showing cost of construction at Taka 85,20,000 and produced all necessary papers including the building plan approved by RAJUK in support of such cost, the Deputy Commissione......: The Reference Application is allowed. Cases Referred to- Meher Nigar Vs. Commissioner of Taxes, (2000) 24 BTD 15; Hotel Samrat Vs. the Commissioner of Taxes, Dhaka, (2000) 28 BTD 50; Hotel and Engineer Consultants Vs. Commissioner of Taxes, (2000) 52 DLR 170; Seth Gurmukh Singh and anothe......s to rely in support of his return. The provisions of this subsection are no doubt mandatory. In such notice, under sub-section (1) of section 83, the Deputy Commissioner is required to specify the documents or explanation to be produced in the absence of which he could not be satisfied on the ret..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....tta in favour of plaintiff and the proforma defendant No.11 Earuddin by alleged registered patta dated 3-3-1956 but in fact, Kartik Chandra Biswas had no superior interest over the suit land at the relevant time, on the operation of the State Acquisition and Tenancy Act stated on 13-12-1955 at the......plaint along with the prayer and schedule and findings of the Trial Court, it appears that the Trial Court failed to notice that the plaintiff only submitted the patta deed 3-3-1956, exhibit-1 and no papers showing his subsequent mode of possession has been produced before the Court. During the cr......73. ......d Advocate submitted further that the father of the defendant No.6 after receiving the judgment, and order of preemption case got mutated his name in SA Khatian No.1144 and paid the rents and all the documents were made exhibits being exhibit No.Ka, Kha, Ga series Gha, Uma, Cha etc. but those exhibi..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of this rule, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-C......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......riminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: T......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... large, were of the view that there cannot be any free and fair election by the government comprised of persons belonging to a political party inasmuch as the political party in the government at the relevant time invariably used the government machinery in a bid to influence the election result aff......ns of the country is that intimidation, coercion, undue influence perpetrated by the party in power hampered the normal process of election, the freedom of the citizen to express their will by ballot papers which ultimately gave a death blow to democracy, the basic feature of the Constitution. The p...... Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..............................eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
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