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Displaying 2081-2100 of 7097 results.
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....and that certain tanks are retainable as khas Appeal against the order of Mr. D.N. Chowdhury, Subordinate Judge of Zilla Noakhali, dated the 23rd of April, 1969 in Title Suit No.150 of 1967 under the provisions of section 20(2a) of the East Bengal State Acquisition and Tenancy Act. 2. Facts of th......Government from leasing out the two tanks till the disposal of the suit. 5. Defendant No.1 has opposed the application. They have alleged that the bazar in question have vested in Government under law and that the defendant are realising tolls from the bazar and that the bazar has been put to auc..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ve any business relationship with the said company. Therefore, the petitioners company does not belong to Ripon Packing and Accessories Ltd. The impugned order has been issued without sanction of any provision of Customs Act and hence liable to be declared of no legal effect. 4. This Rule is not ......hy the Notice No.31/06 dated 11.7.2006 (Annexure C) issued by the respondent No.2 under section 202(1)(b)(c) (d)(e) and (f) of the Customs Act, 1969 should not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not be directed to refund ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......al of the record it has come to our notice that accused Nos.1‑9 are the residents of Jessore Town and of these accused, accused No.3 Amena Begum and accused No.9 Taslima Begum are the mother‑in‑law and sister‑in‑law respectively of the complainant. It further appears that the case is pendi..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....ned Additional Sessions Judge accepted the view expressed in 30 DLR 344 under the misconception that the decision is binding on him. The learned Additional Sessions Judge is wrong. The constitutional provision is that the law declared by the Appellate Division is binding on all Courts including the ......e naraji petition and as to any points on which he is silent, or on which there may be doubt. If he finds that there is no prima facie reason to distrust and the facts constitute an offence under the law, it would be incumbent on the part of the learned Magistrate to issue process………………â..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... a punishment and as such it does not give rise to any cause of action. 22. In the instant case whether the order of suspension was drawn under section 13(1) of the regulation or under some other provision of the regulation is to be investigated. On perusal of exhibit "Kha" it appears that un......ting was shown to the plaintiff through the peon of the college but she refused to receive the said notice and refused to put signature on the notice book. The decision dated 29.9.2003 was taken very lawfully. The defendant Nos.2-4 being members of the ad-hoc Committee and the defendant No.1 being t..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
.... the Parliament dated 29.08.06 issued under the Notification being SRO No.240. Before the petitioner could finalize the transfer documents after payment of the duty and taxes and other charges as per provision of the said notification, the law enforcing agency out of misconception of law and facts a......der the Notification being SRO No.240. Before the petitioner could finalize the transfer documents after payment of the duty and taxes and other charges as per provision of the said notification, the law enforcing agency out of misconception of law and facts arrested him and implicated him in the ab..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
.... to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not be hanging in the name of trial for unlimited period, this Ain was promulgated keeping in mind the provision of Article 35 of the Constitution which provides that an accused of a criminal offence sha...... 35 of the Constitution which provides that an accused of a criminal offence shall have the right of a speedy trial. Speedy trial also has been incorporated in Criminal Procedure Code i.e. the mother law, under section 339C. If section 339C of the Code of Criminal Procedure be strictly followed, the..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
.... that the 10th of January 2002 was a Thursday which is a holiday of this Court and that following day i.e. Friday was a regular government holiday. In this regard the learned Advocate referred to the provisions of section 4 of the Limitation Act, 1908. Mr. Sobhan submitted that the documents (Ext-0 ...... on 6-5- 2001 when the vessel was arrested in Singapore and on 23-5-2001 when the US$ 1 million was furnished and finally on 10-10-2001 when the order dated 10- 9-2001 was served upon the plaintiff's lawyers in Singapore. 7. The defendant Nos. 1-4 entered appearance in the suit and filed a writte..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....itioner that the impugned order or Proggapan has been issued unilaterally, arbitrarily without even any show cause notice or any proceeding being initiated. It is further submitted that the aforesaid provision of Shooting Federation namely section 20A(b) has clearly stated that such termination or r......etition No.689 of 1998. Judgment Qazi Shartuddin J.- These two Rules one being Writ Petition No.614 of 1998 and the other being Writ Petition No.689 of 1998 having involved the same question of law and facts and the same Proggapan or notice dated 15‑2‑1998 having been challenged these two ..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election CommiÂssioner, Bangladesh & others, 1998, 27 CLC (HCD)
....unsel appearing for the petitioner submits that the Election Commissioner having received no report from the presiding officer and returning officer illegally interfered in the matter in violation of provision of Rule 29 of the Union Parishad Election Rules, 1983, that the respondent No.5 Deputy Com...... dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre of Jangalia Union under Mehendiganj Police Station should not be declared to have been made without lawful authority and to be of no legal effect. Pending hearing of the Rule the operation of the impu..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....nt and decree passed by the Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree of the Artha Rin Adalat since there is specific provision in the statute for filing appeal against the judgment and decree passed by the Artha Rin A...... Case No. 658 of 2005 arising out of judgment and decree dated 3-3-2005 passed by the Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No. 914 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. Material facts leading to this Rule are that the r..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......hinghapur, Police Station - Ashulia, formerly Savar, Dhaka as requested by the demand of justice notice dated 12-7-2007 (Annexure-A) shall not be declared to be void and to have been made without any law full authority and is of no legal effect. 2. Facts relevant for the disposal of the Rule, in ..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....placing him under suspension with effect from 7.2.1996. Thereafter, by a notice dated 19.2.1996, the petitioner was asked to show cause within 7 days from the date of receipt of the notice, under the provision of the Government Servants' (Discipline and Appeal) Rules, 1985, as to why he will not be ......ontending, inter alia, that the petitioner was supplied with a copy of the report of the Inquiry Committee and the dismissal order dated 5.6.1996 was passed after observing all the formalities of the law for the purpose. The Respondents havÂing no Service Rules of their own they usually follow and ..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......arriving at the finding in respect of Ka schedÂule land, there was no material in the hand of the learned Judge. Mr. Khan elaborately subÂmits that, Court can infer anything which is permissible in law but Court can not brought into existence any subject which has no exisÂtence. Learned Advocate,..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......ll substantive evidence and it may be used only for corroborating a witness………………(44) Unusual delay cannot be caused in the matter of noting down statement of a witness and mandate of law demands immediate recording of statements when memory of witness remains fresh as human memory i..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....pecial Powers Act, 1974 (Act No. XIV of 1974), section 25B Interpretation of statute It is the presumption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the Court cannot correct it as it would a......d sub-sections to give effect with the supposed intenÂtion of the legislature. The Court has also no jurisÂdiction to assume delegated legislative function and if the meaning of the words used in a law or Rule is clear, the Court cannot re-arrange the words to conÂvey a meaning which the legislat..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....vision to make such orders as may be necessary to give effect to any order under this code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. From the said provision it has become manifestly clear that the inherent power of the High Court Division mentione...... a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicut concedit, concoders videturid sine quo ipsa esse non potest" which means that "when the law gives anything to anyone it gives also all those things without which the thing itself could not..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....e and prove genuÂineness of their title deed by examining themselves as witnesses and also by bringing other witnesses, which they will get in a civil proceeding. In such a situation I hold that the provisions of section 467 of the Penal Code are not at all attracted in the facts and circumstances ......; 467 Decision on the basis of the Materials on Record When there is contradiction in between the docuÂmentary and oral evidence which was not considered by the Courts below in accordance with law, and the High Court Division has got jurisdiction to interfere in the matter for such non-consid..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....atter of the detention order, he shall be released…………………(5) Whether in a speÂcific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventive detention as contemplated in the Special Powers Act be resorted to in detain......When there is a specific case against the detenue and the same is the subject matter of the detention order, he shall be released…………………(5) Whether in a speÂcific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventi..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
.... refused to admit a cogent and vital evidence; and (2) the appellate Court itself requires that some vital evidence should be adduced by the parties. The object of this opportunity as rendered by the provision is to render justice to the party deprived off from adducing suchevidence. It is correct t......tiguity in between the land owned by the pre-emptor and the transferred land. But both the Courts below without considering the same passed the impugned judgment and order thereby committing error of law in the decision occasioning failure of justice. 10. The learned Advocate Mr. Haroon-or-Rashid..Category: Property Law | Date: | Hits: 88
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