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Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......t be allowed, although the High Court Division never found and the same has occasioned failure of justice. The learned Advocate further submits that the learned Subordinate Judge also erred in law in holding of surmises and conjectures that the petitioner had earlier knowledge about the death of dec..Category: Property Law | Date: | Hits: 73
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533.......at the petitioners appeal was rejected on the flimsy ground of being barred by limitation instead of considering the grievance of the petitioner and not being served with any show cause notice or not holding any enquiry as contemplated under section 45 of the VAT Act, 1991 prior to re-opening of the..Category: Fiscal/Taxation Law | Date: | Hits: 139
Category: Intellectual Property Law | Date: | Hits: 319
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....etirement) Act, 1974 and Rule was issued only calling in question the cancelling of the appointment of the petitioner and further, this issue as to whether the project is still continuing or not is a disputed question of fact, we refrain from giving any decision on this issue. 18. Since we are of......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......its trial by a competent Court. He has also pointed out that the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 was repealed by a fresh legislation in 1995 and, as such, there is no scope of holding any fresh trial for the offences committed under that Ordinance. The learned Assistant Attor..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......ion, Chittagong and then by judgment and order dated 30-7-86, the said Civil Rule was made absolute by the High Court Division restraining the customs authority from disposing of the said coconut oil holding that MV Alba is the changed name of MV Alsara. 5. The respondent No.1 contested the Rule ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......0 accused persons including the appellants were alleged to be arrested with 2 arms and some ammunition considering them they were engaged in piracy but there is no specific allegation against them of holding the fire arms of ammunition by any of the accused persons, the trial court even though rejec..Category: Criminal Law | Date: | Hits: 60
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....that some important legal questions have also been raised through the petition, which require attention. We are, hence, inclined to proceed to dispose of those points of law, albeit existence of some disputed questions of fact. The first issue is thus resolved in the petitioners’ favour. This ......The Supreme Court of India in MC Mehta Vs. Kamal Nath (1996 (6) Scale (SP) 10(1), came out with a mile stone decision to expound the fullest import of the English Common Law doctrine of Public Trust, holding that the Public Trust Doctrine in the English Common Law extended only to certain traditiona..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....shad held on 15-1-91 the question of misappropriation of the rice in question was fully discussed and deliberated. 15. In cross-examination he stated that the priority list for distribution of the disputed rice is not before the Court but the resolution dated 15-1-91 passed by the Bera Upazila Pa......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......w comes whether in view of delegation of power or duty in the matter by section 9 of the Act the Bureau of Anti-Corruption can issue such order as contemplated under section 4(1) of the Act after the holding of the enquiry as required having got itself the satisfaction as contemplated under the said..Category: Criminal Law | Date: | Hits: 78
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......nt after the expiration of the assessment year 1981-82 which was upto 30-6-82 and issuance of notice under section 34(1) on 6-12-83 was valid and legal. We also find that the Tribunal erred in law in holding that the validity of the notice issued under section 22(2) clearly extinguished after the ex..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....lization by the BSRS is the subject matter of the suit. Now it has been finally decided by this Division that actually there was excess realization. The whole question of excess realization was the disputed question for resolving which the parties ultimately had to come up to this Division. We do ......ms and conditions given by the Government to BSRS under the respective line of credit, in the instant case being 4% above the Bank rate subject to minimum 14.5% under Saudi Grant II and wrongly holding that BSRS Office Order No. 56/82 dated 19.9.82 envisaged 1% less interest. 11. Because t..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......2007 applies also to the Supreme Court as defined in Article 152 of the Constitution providing "Court" means any "Court of law including Supreme Court" and therefore, the High Court Division erred in holding that "Court" did not include "the Supreme Court." 7. It was submitted on behalf of the r..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......s plaintiff instituted the suit for specific performance of an agreement for sale of land measuring about 0.2631 acre. The plaint case, in short, is that land measuring 41 shatak of the suit plot and holding was originally owned and possessed by Tusta Pramanik. Tusta Pramanik died leaving his wife S..Category: Property Law | Date: | Hits: 91
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......present case is liable to be dismissed. 10. Miscellaneous Case No. 493 of 1990 was fixed for hearing on 28-8-91 and the learned Court after hearing the parties rejected the said Miscellaneous Case holding that the case is not maintainable under section 17(1) of the SCC as the order dated 4-8-90 p..Category: Civil Law | Date: | Hits: 86
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....ion by the Speaker. The mere information of the fact of disqualification or other reasons for vacating the seat by the Speaker to the House will not ipso facto raise any dispute unless such facts are disputed by the Member concerned. The dispute has to be real and express and it cannot be inferred. ......tory because of the corruption resorted to by Dr. Nasim. While the election case was pending before the Divisional Election Tribunal Dr. Nasim died. As a result the Election Commission took steps for holding by-election to fill the said vacancy caused by the death of Dr. Nasim. But on the other hand..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... dismiss the application only when the amount of the consideration as stated in the notice under section 89 or in the deed of transfer together with the statutory compensation is not deposited is not disputed that the preemptors deposited Taka 95,000 as stated in the deed of transfer together with t......on made under sub-section (1) shall be dismissed unless the applicant or the applicants at the time of making it deposit in the Court the amount of consideration money or the value of the transferred holding or portion or share of the holding as stated in the notice under section 89 or in the deed o..Category: Property Law | Date: | Hits: 68
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......hese aspects of the matter, I am of the view that the learned Subordinate Judge has committed an error of law in directing the decree holder petitioner to make over possession of the property without holding any inquiry as required by law. Accordingly, I find substance in this Rule. 18. In the re..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552....... had been acquired under sub section (1) or (2) of section 3, but the Government has not exercised its right of possession over such interest, the Mutawalli, Shebaits or Trustees, as the case may be, holding such interest on the date of acquisition, shall continue and be deemed to have continued suc..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ffence involving moral turpitude will not ipso facto raise any dispute referable to the Election Commission under Article 66(4) of the Constitution unless the member concerned or any interested party disputed such. decision. This view finds support in the case of Secretary, Parliament Secretariate V......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196