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....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
..
Category: Others | Date: | Hits: 341
....instant case the respondents 2 and 3 illegally and with a mala fide motive violated the tender conditions by giving extension of lease for six months in favour of respondent No.5 and in so doing they totally overlooked the inchoate right of the petitioner who in an open public tender became highest ......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
..
Category: Civil Law | Date: | Hits: 178
.... and without any lawful authority.
6. The learned Counsel for the petitioners further submitted that the learned Court of Settlement was manifestly wrong in passing the impugned Judgment and order totally ignoring the legal incidence of payment of "Annual Land Rent" to the Government in the name ......y law. In the face of the clear assertion by the petitioners that no such statutory notice was ever served upon the occupiers of the case property before treating it as "Abandoned Property and in the absence of any evidence whatsoever to prove to the contrary, it must be held that notice as required......tutory notice as required under Article 7(3) of Ordinance No.54 of 1985 upon the occupiers of the case property, we are of the opinion that the learned Court of Settlement acted illegally and without jurisdiction in finding that the petitioners have failed to show that the allottee Ahmed Reza and hi..
Category: Property Law | Date: | Hits: 116
.... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
......pears that the words, "in writing by registered post" after the word, “employer”, have been inserted making the words, "in writing by registered post” a single clause in the whole sentence. The absence of the words, "by registered post" in clause (1) before promulgation of Ordinance No. XXXVI ...... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
..
Category: Labour and Industrial Law | Date: | Hits: 141
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......days as passed by the District Magistrate or Additional District Magistrate and hence the extension order contained in Annexure‑C issued by the Government in the Ministry of Home Affairs is without jurisdiction and of no legal effect. Therefore, according to him, the detention of the detenu Shazza..Category: Criminal Law | Date: | Hits: 127
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......ction 383 and are to be read with it. The second ingredient is to dishonesty induce a person to deliver to any person any property. The accused must have the intention to cause the wrongful loss. The absence of dishonest intention will make taking away of property not an extortion, under section 384......udgment the accused appellants preferred this appeal. 7. Mr. AKM Zahirul Huq, the learned Advocate, appearing on behalf of the appellants, submits that the trial by the Special Tribunal is without jurisdiction. The alleged offence lacks the elements of section 387 of the Penal Code and therefore,..Category: Criminal Law | Date: | Hits: 132
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......celled or not. Section 202 of the Contract Act is to the effect: "Where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest." Section 203 of ......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......placed before us the decision of Mirza Umar Boksh Vs. Hussan Aara and others reported in P.L.D. 1960 (W.P.) Peshawar 85. In that case, it was held that a general statement of the kind, that counsel's absence, when the case was called because he was elsewhere in his professional activities, was not a......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... It may set up a Corporation by a statute. This statutory corporation again is sometimes made amenable to different provisions of the Companies Act subject to the statute and sometimes it is kept totally outside the ambit of operation of the Companies Act, governable wholly by the incorporating ......ent not only failed to produce the particulars and registers on demand but also failed to maintain the same which is evident from his failure to produce the same upon receipt of notice. 13. In the absence of any evidence in this regard the accused-respondent cannot be convicted of the offence cha...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ..Category: Others | Date: | Hits: 163
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....tion on uncorroborated evidence of complainant is not sustainable where the circumstantial evidence and supplementary police report tends to contradict the prosecution case. Where the prosecution has totally failed to prove the allegation levelled against the accused person, the conviction and sente...... that he willfully suffered some other person to do so. The prosecution must affirmatively prove these ingredients……………………………….(63) The testimony of the complainant in the absence of corroborative evidence should be considered in sufficient to hold the accused person guil......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....reason. The learned Assistant Attorney General submits that-according to the Nitimala, 1995, the respondents are not required to assign any reason before cancellation of the MPO. Such a submission is totally misconceived. If a right given to a person is taken away, reason must be assigned therefore.......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ..Category: Others | Date: | Hits: 112
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....due to the defective break of the bus not due to rash and negligent driving has been rather substantiated by the facts and circumstances of the case and evidence on record. 46. The prosecution has totally failed to prove the ingredients of the sections under which the accused petitioners were con......secution has withheld the eye witnesses and the injured passengers who are the vital witnesses. When material witnesses are not called in a case and no sufficient explanation has been given for their absence, the Court may draw a presumption that they would not support the prosecution case. This vie......s last Court of facts considering the circumstances of the case and evidence on record confirmed the Judgment and order of conviction and sentence passed by the learned Magistrate, yet this Court has jurisdiction to see and analyse the evidence whether the decision taken by the appellate Court cause..Category: Criminal Law | Date: | Hits: 119
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......e of the Joint Secretaries of the Government. It appears from an office order dated 29.10.87 (Annexure X) that the petitioner was allowed to perform functions of the Chairman of Dhaka WASA during the absence of the Chairman on leave. It further appears from letter dated 15.10.87 of the Ministry of E......en by us reliance may be had to the decision in the case of Abdur Rouf Vs. Abdul Hakim, reported in 17 DLR (SC) 515 where it was observed as follows: "A mala fide, act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an order contemplates a mal..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... Taka 1,00,80,00,000 (Taka one crore eighty thousand) only for the year of 1999-2000. This amount has been calculated at 5% higher than the reserved price. 12. Thereafter, on receipt of 50% of the total amount of the lease money with VAT and tax amounting to Taka 60, 98,000.00 (Taka sixty lac nin...... দেওয়া হইবে। 16. According to this clause, in a special case, IWTA may grant licence without following the Rules formulated in Annexure ‘G’. Therefore he argues that in the absence of a guideline as to what should be called a special case, Clause 3(Ga) of Annexure-’G’ ......there is an alternative efficacious remedy available by way of appeal under Clause 30 of Annexure- ‘G’ which the petitioner did not avail of, but came to this Court straight, invoking the summary jurisdiction under Article 102 of the Constitution. He has further submitted that the petitioner has..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....cluded the petitioner as one of the surplus officers of a post that had been abolished. 9. Further, the said order issued under the same Memo with issue No.96 stated that until the 7 officers were totally absorbed they would be entitled to draw their salaries/allowances from their working place u......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
.... Customs Agents(Licensing) Rules, 1986 have been fulfilled, the respondent No.4 issued the Customs Agents Licence to the petitioner on 24.09.2008; that after receiving the Licence, CMA CGM remitted total funds including the paid up capital of US$ 360,000 to Bangladesh. The petitioner deployed br......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ..Category: Administrative Law | Date: | Hits: 318
....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ..Category: Others | Date: | Hits: 146
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..Category: Alternative Dispute Resolution | Date: | Hits: 521
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....ে। অন্যথায় সাধারন ভাবে এ ধরনের কোপ পেছন দিক হইতে দেওয়ার কথা।” It is also evident from the sum totality of the evidence that the deceased child was in the lap of his mother Khodeja (P.W.2) and th......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...Category: Criminal Law | Date: | Hits: 97
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