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.... tender was highest still the respondents could not finalise the matter due to litigation’s but even after conclusion of the litigation’s, the respondents did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of complianc......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....unction coul4 not be granted to establish a new state of fact different from those existing on the date of institution of the suit. According to the trial Court, the plaintiff did not come with clean hands, and therefore, balance of convenience and inconvenience was not in favour of the plaintiff. ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....estrict the scope of the word to the four corners of what is stated in the clause and to deprive it of any other meaning that it may have in the English language. The word ‘include’, on the other hand, is used with a view to enlarging the meaning of the word, by also clothing it with the connota......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....hly rent of Taka 2.50 lac (Taka two lac fifty thousand) only for the first 3 years and monthly rent of Taka 2.75 lac (Taka two lac seventy-five thousand) only for the subsequent 5 years. On the other hand, respondent No.4 submitted a tender to take lease of the said industry for 10 years offering mo...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
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Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....It appears that trial has not yet been completed In spite of the same learned Special Tribunal did not grant bail to the appellants. It appears that the appellants are alleged to have been caught red handed with cocktails, one pipegun and one knife and before their arrest they had thrown cocktails a...... armed persons or their accomplices. The appellants are alleged to have been arrested by the police after hot pursuit risking their life with arms and explosive. In this connection it is pertinent to note that in the city of Dhaka most of the inhabitants have no permanent residence and they are comp..Category: Criminal Law | Date: | Hits: 35
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....hamsul Alam while proceeding towards that house those miscreants started firing at the victim and his men and at one stage of the occurrence Faruk Thakur had fired at the victim from a firearm in his hand which had hit at the abdomen of the victim who was declared dead by the attending doctor after ......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....hs. 2. The prosecution case, in short, is that the District Anti-Corruption Officer, Pabna lodged an FIR to the effect that current deposit account No. 24000 in the name of one of village Char Ramchandrapur, Police Station and District Pabna was opened with Janata Bank, Main Branch, Pabna on 24-9...... unequivocal terms that the inflexible practice of the bank is that when a cheque of another branch is deposited in account for collection, the cheque is sent to the issuing bank with an accompanying note for its clearance and only after receiving clearance, encashment of the cheque is effected. In ..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......s ejusdem generis with the expression 'formal defect'. 20. The legal meaning of the word 'formal' is done in due form or with solemnity; according to regular way. The expression 'formal defect' connotes defects of diverse kinds not affecting the merit of the case but arising out of some error mad..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....bove averments, same date the plaintiffs made an application under Order XXXIX, rules 1, 2 and 3 of the Code for restraining said defendant Nos. 1 to 3 from dealing and/or making any transaction underhand or overhand in any manner with any person or persons in respect of Birla brand tyres and obtain...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....¦â€¦â€¦â€¦â€¦.Respondents Judgment November 16, 2005. Cases Referred to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Shahriar Rashid Khan vs. Bangladesh and others, 1998 BLD (AD) 155, Khandaker Ehteshatnuddin Ahmed alias Iqbal vs. Bangladesh, 33 DLR (AD) 154, Zia-ur-Rahman, PLD 1973 (......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....nd others, 43 DLR (AD) 107 and Haji Md. Eshaque vs Rupali Bank, 43 DLR 621. Lawyers Involved: TH Khan with Sk. Zulfiqur Bulbul Chowdhury and Rezina Chowdhury, Advocates—For the Appellant. Khandker Mahbubuddin Ahmed with Azim Khair and Faisal Mahmud Faijee, Advocates—For the Respondents.......fendant No. 5, who was his mother, started conspiracy to deprive the defendant No.1 of said property. Said defendants then entered into an agreement for partition amongst themselves. 15. It may be noted that defendant No. 3 opposed the claim of his mother in the suit property by filing a written ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....ls out of 36 decimals of land of plot No. 5158 appertaining to SA Khatian No. 184 of Mouza Radhavallav in the District of Rangpur. 3. The plaint case, in short, is that Jadunath Sarker and Sitesh Chandra Biswas were owners in possession as 'Korfa' tenants in equal share in said 36 decimals of lan......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...Category: Property Law | Date: | Hits: 139
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
.... further says that he did not raise hue and cry. It is not understood why he remained silent. During cross-examination that this witness introduced a story that Sub-Inspector Amjad had a torch in his hand which is not there in the evidence of any other witness. 17. PW 6 Constable Bashir Ahmed say......e. The only local witness namely, PW 7, allegedly saw the other accused persons assaulting the village police with lathi and he did not see any police officer or victim Amzad. It is also important to note that according to the prosecution story, injured Amzad was brought from the place of occurrence..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
.... dispute as to the death of deceased on the night of occurrence in the hut of her appellant husband. According to the prosecution, she was strangulated to death by the appellant husband. On the other hand, according to the defence, she committed suicide by hanging. It is in the evidence on record th......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... Shadat Hassan in Writ Petition No. 3763 of 2005 and Sultan Uddin Ahmed in Writ Petition No. 3762 of 2005 obtained Rule Nisi by challenging the circular issued under Memo No. Shakha 1(91)/ 2003 2006/Khanda 3/3526/1 dated 12-2-2005 issued by the respondent No. 3 calling upon the respondents to show c......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Vs. Brojonath, AIR 1986 (SC) 1571, Mukul Dutta Gupta and others vs. Indian Airlines Corporation AIR 1962 Calcutta 311, Ismail vs. Mussarat Zami and others, PLD 1985 (SC) 86, State of Haryana vs. Lal Chand AIR 1984 (SC) 1326, India Ltd vs. State of MP and others, AIR 1999 (SC) 1630, Ekushey Televisio...... is accepted, then the word "executive" in Article 145 is redundant or surplus age and such a construction is against the settled principles of interpretation of law and the Constitution. It is to be noted here that Article 145 is similar to Article 299 of the Indian Constitution in language. In the..Category: Information Technology Law | Date: | Hits: 321
....27 of our Constitution) has been noticed in the case of EP Royappa vs. State of Tamil Nadu AIR 1974 (SC) 555. The Constitutional Bench of the Indian Supreme Court speaking through Bhagwati, J. (with Chandrachud and Krishna Iyer, JJ) in a concurrent judgment observed: "The basic principle, which, the...... in one way and the petitioner is treated in another way in imposing supplementary duty on an item which is now essential item of the household affairs. It is further contended that from the relevant note sheet it is also clear that while granting exemption from payment of supplementary duties on ot..
Category: Fiscal/Taxation Law | Date: | Hits: 81
....t Division which is empowered to exercise revisional jurisdiction in respect of decisions of a Court subordinate to it.
7. Mr. Morshed Ahmed Khan, learned Advocate for the petitioner, on the other hand, submits that the Deputy Commissioner entertained the Civil Suit under the provisions of the Ch......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
..
Category: Civil Law | Date: | Hits: 89
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....osted at Doublemooring Police Station and on the statement of P.W.1 Ratan Krishna Nath, Officer-in-Charge filled up First Information Report form and, thereafter, the case was registered. He knew the handwriting of the then Officer-in-Charge and proved his handwriting. This P.W. had been also Invest......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....s granted; only to restore the status quo as the defendant altered the factual basis upon which the plaintiff claimed his relief. 16. But such principle had no manner of application in the case at hand. By granting mandatory injunction, the Court of appeal sought to compel the Titas Gas to contin......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
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