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.... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72.......atable proposition. When legislature termed it so we cannot reopen the same as wisdom of the Legislature cannot be questioned by us. Legislature represents the entire community and it was the plenary power to make law subject to the limitation imposed by the Constitution. In such capacity when the l......ppellate Division
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Muzammel Hossain J
Shah Dairy Products Limited………………Petitioner
Vs.
Commissioner, Customs, Excise and VAT Chittagong and others………………Respondents
Judgment
June 7, 1999...... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72...
Category: Fiscal/Taxation Law | Date: | Hits: 93
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiÂously. Communicate a copy of the judgment immeÂdiately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......is stated that 292 candidates including the petitioners were not called for Viva-voce Examination because at the time of scrutiny their applications were found defective and it was within the express power and authority of the Public Service Commission to canÂcel any application at any stage, even ......thers..............Petitioners Vs. Public Service Commission and others…………..Respondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Govern...... expeditiÂously. Communicate a copy of the judgment immeÂdiately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....the Labour Court and the present suit is not maintainable and barred under section 9 of the Code of Civil Procedure. 19. Moreover, Uttara Bank Limited is a private bank. It is not a statutory financial institution or corporation. It is not a creation of any statute. Therefore, the service of......the amended plaint and contending that the plaintiff was never in charge of the Cash section and there was no subordinate staffs under him and that he had no managerial, administrative or supervisory power. 7. At the trial six PWs and three DWs were examined. Besides this, both sides adduced ......ar vs. Chairman, Labour Court, Khulna 31 DLR 301; Indo-Pakistan Corporation Ltd. vs. Chairman, Labour Court 21 DLR 265; Dosta Textile Mills Ltd. vs. Sudhansu Bikash Nath 40 DLR (AD) 45; Managing Director, Rupali Bank Ltd vs. Tofazzal Hossain and others 44 DLR (AD) 260; Managing Director, Rupali Bank...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... bank concerned has been given the discreÂtion to decide the issue in question upon considering the recommendations of the said "Committee". However; if disagreement occurs the concerned bank or the financial institution is to send the respective proposals to the Banking Division, Ministry of Finan......endered the petitioner company a sick project. At that juncture the government vide gazette notification dated 15-6-1991 (published on 11-7-1991) Annexure 'A' to the writ petition, constituted a high powered "Cell" with the administrative heads of different ministries, and other institutions run by ......zaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged without any order as to costs. Cases Referred to- Bangladesh represented by the Secretary, Ministry of Establishmen......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......materially affected its ultimate decision on the issue of recount. 15. Sub-rule (4) of rule 37 of the Paurashava (Election) Rules, 1977, in short, the Rules, which was made by the Government empowered by secÂtion 146 of the Paurashava Election Ordinance, 1977 hereinafter referred to as the O......tioner along with four others contested. He got 452 votes with the symbol of 'Machh' while opposite party No. 1 Habuluddin with 'Morog' got 475 votes. Then, opposite party No. 1, hereinafter referred to as elected member, was declared elected. Result of the election was published on 15-5-04. ...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....decree of Tk. 85,66,535/- and in case of failure to pay the decretal amount, for passing a final decree for recovery of the decretal amount by selling the schedule property. The respondent No. 2 is a financial institution and was established under the Banking Companies Act, 1994. The respondent No. ......he has inherited from his father Abdul Bepari. Out of .2150 acre of Plot No. 447, some lands were transferred in the name of the Mosque and only 10 decimal remained which is now possessed by him. The power of attorneys dated 3rd November, 1998 and 20th April, 1998 as produced by the plaintiff bank a......rim, Advocate (Khairul Alam, Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Cour......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..Category: Civil Law | Date: | Hits: 78
.... the substantive linkages between the legal and administrative regimes governed by the two sets of Nitimala and the Act. On another plane that continuity and linkÂage is also evident in terms of the financial benefit that has and continues to accrue to the government further to the petitioner's con......t-in-Opposition has been filed in this case.
9. This Court has at the outset taken note that the crux of this case has to do with the duty to exercise discretion as is implicit in the grant of power earlier under the Nitimala and now under the Act to the respondent to consider and dispose of ......don BC ex p Kayene Lavenson [1975] QB 431, R v London CC ex p Corrie, [1918] 1 KB 68.
Lawyers involved:
Ms Sarwat Siraj, Advocate—For the Petitioner.
Shamsul Hoque, Assistant Attorney-General—For the Respondent.
Writ Petition No. 3535 of 2005
Judgment
Sy......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....able. In support of his contenÂtion he referred the case of Safi Ahamed Chowdhury vs. Pubali Bank reported in 54 DLR 310 wherein it is held: “A declaration with regard to the contractual or financial obligation involved or transaction between the parties cannot come within the ambit of sec......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......against the judgÂment and decree dated 24-11-1998 passed by Mr. Md. Ali Haider, Subordinate Judge, First Court, Dhaka, in Title Suit No. 294 of 1996 decreeing the suit. 2. Short facts leading to this appeal are, that on 26-11-1996 the respondent as plaintiff filed a suit being Title Suit No.......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... 14. The findings arrived at and the decisions made by the lower appellate Court do not suffer from any patent illegality or flagrant violation of law warranting interference by this Court exercising power under section 115(1) of the Code. In the light of the findings made before, I do not fi......rs………………………………………..…….. Opposite-Parties Judgment July 20, 2006. Cases Referred To- Narayanganj Paurashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak 46 DLR 295; Zakia Sul...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ..Category: Property Law | Date: | Hits: 25
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......ced by the plaintiff are marked Exhibits 1 to 7, while those of the defendant are marked Exhibits "Ka' to 'Jha". 9. The plaintiff filed some documents in support of her contention. The plaintiff's power of attorney dated 17-9-1999 is Exhibit 1, certified copy of the CS khatians are Exhibits 2 to ......charged. Cases Referred To- Sadek Ali vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented b...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......es on the confessional statement and stated that the accused confessed voluntarily. In his cross-examination, he stated that he had been a Magistrate for 3 (three) years, but did not have First Class power and that he recorded that confessional statement on the order of the Deputy Commissioner. He s......xas, 509 US 350, 359-362 (1993); Sheela Barse vs Secretary, Children's Aid Society and others, 1987 (3) SCC 50; Asiman Begum vs. State, 51 DLR (AD) 18. Lawyers involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General—For the State-Petitioner. ......minals to be punished, but as young people with problems who can be helped to overcome these. Their whole family is involved. They all have to go to a meeting with a group of three people, known as a Panel. These are specially trained lay men and women who volunteer to carry out this work. They are ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......ruct six-storied apartment building on the schedule premises; that the defendant No. 1 executed regisÂtered mortgage deed No. 11056 dated 16-7-1997 and also executed registered irrecoverable general power of attorney No. 11058 and all charge docuÂments in favour of defendant No. 4; that the plaint......s directed against the judgment and decree dated 20-11-2002 passed by the learned Joint District Judge, First Court, Dhaka, in Title Suit No. 232 of 1999, decreeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 23......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
....e said examinaÂtion for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......tice to show-cause and prayed for exoneration from the charge.
8. There is no denying that Jatio Bishshbidyaloy Parikkha Regulation, 1999 (the Regulation, in short) was made thereunder to vest all powers and responsibility in the National University to conduct all examinations fairly and properly......ination, National University, and others………..Respondents
Judgment
May 4, 2005.
Lawyers involved:
Md. Tajul Islam, Advocate—For the Petitioners
AHM Mushfiqur Rahman, Assistant Attorney-General — For the Respondents.
Md. Ruhul Amin Bhuiyan, Advocate — For Respondent Nos. ......e said examinaÂtion for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......ces under this Ordinance and such other offences under any other law as the Government may, by notification in the official Gazette, specify in this behalf; (d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance or......r 1 MLR 199. Lawyers involved: Md. Nawab Ali, Advocate—For the Petitioner. Tufailur Rahman with Israt Jahan, Advocates—For the Respondent No. 2. Zaman Akhter, Deputy Attorney-General with Sk Taimur Reza Hasan, Assistant Attorney-General—For the Respondents. W......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....nly was paid back to Mr. Latif. Balance amount of Taka 91,096.00 (Taka ninety-one thousand ninety-six) will be paid by Mr. Mosta Gausul Hoq in easy installments. Since Mr. AKM Abdul Latif caused huge financial loss by complaining to Bangladesh Shilpa Bank, no further amount shall be payable to Mr. L......It has further been stated by the respondent No. 2 that to clear up the principal dues of the petitioner the respondent No. 2 along with business partner Mr. Shahjahan Chowdhury gave the petitioner a power of attorney to sell a piece of land situated at Iswardi which the petitioner on the strength o......eement on 26-10-89 and subsequently, another agreement was also executed on 13-11-89 between the respondent No.2 and the petitioner. The petitioner has contended that the respondent company entered into an agreement being agreed by all its directors that an amount of Taka 5,00,000.00 is needed to in......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ated 23-12-1958 to depart from earlier pleadings incorporated by the opposite party No. 1 (defendant No. 2) in his original written Statement dated 27-7Â-97 with sole motive of harassing and causing financial loss to the petitioner and other co-sharers by dragging the matter for an indefinite perio......nancy agreement to Esso Standard Eastern Co. for constructing a petrol pump and after liberation the said petrol pump was transferred to Meghna Petroleum Co. Ltd, and thereafter, the plaintiff gave a power of attorney in favour of his brother opposite party No. 1 Azmal Khan to look after his share o...... Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- Kazi Abdul Khaleque vs. Kazi Fazlur Rahman 34 DLR 278; Badhu and others vs. Ghulam Shah 15 DL......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..Category: Property Law | Date: | Hits: 42
....fit and proper.
2. Short facts relevant for the purpose of disposal of the Rule are as follows:
The decree holder respondent, namely, Pubali Bank Limited, Sadarghat Branch, Dhaka, being financial institution, instituted the Title Suit No.55 of 2001 in the Artha Adalat, 3rd Court, Dhaka...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......…………………………………………………………Petitioners
Vs.
Additional District Judge, 1st Court, Dhaka and another…………Respondents
Judgment
October 19, 2006.
Cases Referred To-
Meerasahib Md. Kunjo vs. Padmanasah Iyer Harihara I...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
..
Category: Civil Law | Date: | Hits: 90
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......eikh Abdul Awal J Jugal Kumar Das (Shovon Ahmed)………….. .Appellant Vs. State......................…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. ...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....7 and sentencing him thereunder to suffer rigorous imprisonment for 1(One) year with direction that both the sentences shall run concurrently. 2. The prosecution case, in short, is that in the financial year of 1990-1991, appellant Eklimur Reza Khan was a project Chairman of Kanishail Bharera......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ...... 1 BLC (AD) 40; Hakim Rai vs State AIR 1957 (Punjab) 134. Lawyers involved: AS Md. Abdul Mobin with Shafquat Hossain, Advocates—For the Petitioner. Shamim Ara Dora, Assistant Attorney-General with Shirin Afroz, Assistant Attorney-General—For the State. Criminal Rule N......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......offender in respect of the offence or taking steps to see whether there is any basis for initiating judicial proceedings or for other purpose. 30. It is a fact that the Magistrate has got wide power under section 190(1)(c) of the Code of Criminal Procedure to take cognisance of any offence ev......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Opposite Party Judgment August 31, 2005. Lawyers involved: Maqbul Ahmed, Advocate — For the Petitioner. Shamim Ara Dora, Assistant Attorney-General with Shirin Afroz, Assistant Attorney-General—For the State. Criminal Revisi......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..Category: Criminal Law | Date: | Hits: 41
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