Search Options
Judgment Advanced Search
Displaying 2341-2360 of 3784 results.
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....3. That the Secretary of the Public Service Commission vide memo No. SR 3/2 R‑50/99/345 dated 1‑2‑2000 informed the respondent No. 2, the National Board of Revenue, that the draft law contains many contradictions and anomalies. The Commission also recommended some changes, but at this stage th......ted 1‑2‑2000 informed the respondent No. 2, the National Board of Revenue, that the draft law contains many contradictions and anomalies. The Commission also recommended some changes, but at this stage the Government dropped the idea of passing any law for amalgamation of various posts in Custom......line and without Rules under section 12 for securing the purpose of the impugned Act and that the transfer of the petitioner as Inspector, in place of Appraiser is a demotion without any departmental proceeding and a violation of natural justice. He has further submitted that in the Schedule of the ..Category: Employment/Service Law | Date: | Hits: 116
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....ive or deliver'. The word is also related to Latin word "bajulare" meaning to bear a burden. 7. 'Bail' in English Common Law is the freeing or setting at liberty of one arrested or imprisoned upon any action, either Civil or Criminal, on surety taken for his appearance on certain day and a place ......gh Court even where the Court is not seized directly of the Proceeding in question and where no actual arrest has been made so far but anticipatory bail is asked for e.g. where the case is still at a stage of investigation by the police or pending in a subordinate court. 26. In State Vs. Abdul Wa......dia Britannica is a procedure by which a Judge or Magistrate sets at liberty one who has been arrested upon receipt of security to ensure the released prisoner's later appearance in Court for further proceedings. 11. The Shorter Oxford English Dictionary gives the meaning for ‘Bail' Bond as sec..Category: Criminal Law | Date: | Hits: 79
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... involved are same and these shall be disposed of by this common Judgment. 2. Facts stated in Writ Petition No. 2293 of 1994 in short, are that the petitioner Russel Vegetable Oil Limited is a company incorporated under the Companies Act, 1913, having its registered office at 195 Motijheel Commer......ave ceased to be under the control of customs authorities or to any penalty levied under this Act shall, at the time of filing his appeal or if is so permitted by the appellate authority at any later stage before the consideration of the appeal, deposit with the appropriate officer the duty demanded...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
.... Code of Criminal Procedure against an order of Magistrate is maintainable even after the learned Sessions Judges have been invested with powers under Section 439A of the said Code to exercise all or any of the powers which may be exercised by the High Court Division under section 439 of the Code. ......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......istant Attorney-General—For the State Respondent. Criminal Miscellaneous Case No. 2786 of 1995. Judgment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a f..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
.... assessment of tax by the DCT and the rejection of their objection by the Appellate Joint Commissioner of Taxes the assessee preferred these two applications on the ground that they are not liable to any assessment as the assessee is a charitable trust which is exempted from any taxation. The Tribun......esaid reference applications by this Court we hold that the Tribunal has not committed any wrong or illegality in passing the orders impugned which may call for any interference by this Court at this stage, for the concerned assessment years and there is nothing to interfere with the same, and we ho......ot been specifically denied or challenged in this appeal. In such a situation let us consider whether there is any force in the argument advanced by the learned Advocate for the Revenue. 7. Before proceeding further let us consider the appropriate portion of the 6th Schedule and it runs as follow..Category: Fiscal/Taxation Law | Date: | Hits: 99
....er is not entitled to get the same but a photocopy was allowed. It has to be mentioned that no specific case was filed by the respondent Nos. 1 and 2 before the learned District and Sessions Judge or any judicial proceeding was initiated for the purpose of obtaining such permission. As no case or pr......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......itled to get the same but a photocopy was allowed. It has to be mentioned that no specific case was filed by the respondent Nos. 1 and 2 before the learned District and Sessions Judge or any judicial proceeding was initiated for the purpose of obtaining such permission. As no case or proceeding was ..
Category: Criminal Law | Date: | Hits: 41
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....re strangers thereto. Opposite party No.4 Naheruddin sold the case land measuring 0.51 decimals to opposite party Nos.1 to 3 by kabala dated 30-7-76 at a consideration of Taka 5000.00 without serving any notice upon them as required by law. On obtaining the certified copy of the impugned Kabala the ......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ...... 1 cannot be considered sufficient to constitute a bar against pre-emption. 9. The law on pre-emption is a beneficial legislation for the benefit of the co-sharers and contiguous land holders in a proceeding under section 96 of the State Acquisition and Tenancy Act and that statutory right cannot..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....ns 302/149 of the Penal Code although he found them guilty under section 148 of the Penal Code. Section 146 defines rioting. It says, whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly every member of such asse......he house of Fazir Uddin since deceased over felling and selling of some trees. It is alleged that the accused persons forming an unlawful assembly trespassed into the place of occurrence and at one stage they attacked Fazir Uddin with deadly weapons. It is alleged that Mukit gave a blow with a koa......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ctor about the gold and silver carried by him. The petitioner did not sign the declaration form on 10-5-97. It is alleged that the Inspector did not return the goods of the petitioner without showing any reasonable ground. The goods were seized. Thereafter the petitioner filed a petition before the ......s well within their knowledge and they appeared before the Tribunal and further, they filed a review petition before the Tribunal. So, improper constitution of the Tribunal cannot be agitated at this stage by way of submission that this constitutes a new and important ground which they came to know ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....h Ltd. and its Khulna Branch as plaintiffs (herein respondent Nos. 2-3) instituted Artha Rin Suit No.27 of 2006 before the Artha Rin Adalat, Khulna against Makkah Poultry Feeds Ltd., a registered company and its directors for realisation of loan amounting Tk. 1,78,54,736/- (one crore seventy eight l......on by filing Artha Jari Case No.185 of 2006. In course of the execution proceedings, the decree holder bank unsuccessfully attempted to sell the property, given as collateral against the loan. At one stage there was a negotiation between the parties, following which the writ petitioner paid Tk. 32,0......arte by judgment and decree dated 20.4.2006 for realisation of the said amount. The decree-holder bank put the decree in execution by filing Artha Jari Case No.185 of 2006. In course of the execution proceedings, the decree holder bank unsuccessfully attempted to sell the property, given as collater..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....g examination and seizure of documents from the petitioner bank should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner is a banking company incorporated in Bangladesh under the Companies Act, 1913, having its registered office at 71 Dil......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......re of banking documents the petitioner moved this Court and obtained the present Rule. 4. Mr. Ahsanul Karim, the learned Advocate appearing on behalf of the petitioner, has submitted that since no proceeding is pending before any Court relating to the documents maintained with the petitioner Bank..Category: Anti-Corruption Laws | Date: | Hits: 153
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
....bala purchased land but the learned Additional Assistant Judge, Chandpur by order dated 2-3-91 in a slip-shod manner rejected the application for amendment/ correction of the plaint without assigning any reason whatsoever. 7. From the proposed amendment it is seen that the plaintiffs merely inten......dment it is seen that the plaintiffs merely intended to give a narration as to bow their vendor namely defendant No.5 acquired the suit land. “17. Amendment of pleadings.— The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on su......een that the plaintiffs merely intended to give a narration as to bow their vendor namely defendant No.5 acquired the suit land. “17. Amendment of pleadings.— The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as m..Category: Property Law | Date: | Hits: 98
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....6 of the General Clauses Act, 1897: “Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.” an...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......esh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing proceedings against the petitioner in GR Case No.1 of 1983. 2. The relevant facts are that the pe..Category: Criminal Law | Date: | Hits: 56
....t can punish an offender only for refusal or failure to comply with a definite order made by it under section 25 of the Act. In the earlier judgment of the Labour Court, if it can be ascertained that any sum of money was directed to be paid but the offender refused or failed to pay the said ascertai......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......n these Rules are identical they were taken up together for hearing and this judgment would govern both the Rules.
2. Points raised by the learned Advocate in support of Rules are that no criminal proceeding is legally maintainable against petitioners under section 55 of the Industrial Relations ..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....on under Order 1 rule 10 of the Code of Civil Procedure for adding him as a party in the said Title Suit No. 156 of 1983 which was rejected by the trial Court against which the plaintiff did not move any higher forum. This contesting defendant clearly asserted that the plaintiff has obtained a false......nd, the plaintiff cannot challenge the decree obtained by defendant No. 3. Further, it appears that this plaintiff unsuccessfully tried to be impleaded in the said suit which was decreed in appellate stage. 17. We have found that the plaintiff could not prove his case of acquisition of title by a...... 18. In the result, this appeal is dismissed with costs. The judgment and decree passed by the trial Court are hereby affirmed. The order dated 17-8-1987 passed by this Court earlier staying further proceedings of Money Execution Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur s..Category: Property Law | Date: | Hits: 51
....2. The facts leading to the issuance of the Rule may be summarised as follows:
The petitioners are full brothers, petitioner No.1 is the Director of Madina Metal Industries, a private Limited Company having been incorporated in Bangladesh under the Companies Act, 1913. The petitioner No.2 is the......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......ated that the writ petition was solely directed to make delay of the enquiry process.
5. Mr. Moudud Ahmed, learned Advocate appearing in support of the Rule, contended, first, that there must be a proceeding before any Court of law and unless there is a proceeding before any Court of law against ..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....were directed to show cause as to why the order dated 4-11-97 of the respondent No. 1 the Chittagong Port Authority, hereinafter shall be called the ‘Port Authority’, directing the petitioner company to pay charge rates as per Tariff Item No. 4-1-1 of the Schedule of Charges published in Banglad......ok the stand that writ petition is not maintainable for the reasons stated in paragraph 3 of the said Affidavit-in-Opposition which I do not want to re-state now as that will be dealt with at a later stage in this judgment. Respondents in paragraph 4 of the Affidavit-in-Opposition denied the stateme......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ssued by the respondent No. 1. 7. Mr. Amirul Islam, the learned Counsel, has urged before us mainly one point. He has contended that the respondent No.1 is not authorised under the law to initiate any departmental proceedings against the petitioner under Government Servants (Discipline and Appeal......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......rney-General—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Ali J. - This Rule issued under Article 102 of the Constitution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspendi..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....g Treatment of Liabilities and in clause 5.1 it was stipulated that the long term liabilities due to financing institutions like Bangladesh Shilpa Bank, Bangladesh Shilpa Rin Sangstha, Krishi Bank or any other Commercial Banks and the Financing institutions shall be assumed by the buyer on the exist......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......e the loan is under ADP Scheme this falls within the category of short term loan, but no decision for altering the terms of the contract for making the loan as short term instead of long term in that proceeding was made. Mrs. Tania Amir has cited various decision of the English jurisdiction, Indian ..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... jote originally belonged to Ram Chandra Datta who settled suit plot No.295 to Najir Sheikh. It was specifically stated in the written statement that neither the plaintiff nor defendant Nos. 4-10 had any title and possession in suit plot No. 196. It was also alleged that Ram Chandra Datta while bein...... the suit so that an indolent plaintiff does not get an unwanted opportunity to ply a second boat in a fresh Suit at the cost of the defendants. Withdrawal of the appeal and the suit at the appellate stage can only be granted when the plaintiff satisfies the Court that the formal defect or defects f......me has not occasioned failure of justice. This revision is found without any substance. In the result, the Rule is discharged without any order as to costs. 12. The order of stay of all further proceedings of Other Class Appeal No.21 of 1984 of the Court of the Subordinate Judge, Bogra earlier..Category: Property Law | Date: | Hits: 88
45154509450745064505450345004499448944874486448444834481448044794478447344724469