Search Options
Judgment Advanced Search
Displaying 221-240 of 7097 results.
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....of the statutory period as stipulated in clause (c) of the proviso to section 138 of the Act, 1881 those were maintainable in law. He has further submitted that the Act, 1881 being a special law, its provisions have to be construed strictly and admittedly, the respective petition of compla...... Court Division that the respective petition of complaint having been filed before expiry of the statutory period as stipulated in clause(c) of the proviso to section 138(1) of the Act, was barred by law, this Division having affirmed the judgment and order passed by the High Court Division which to..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......ions Case No.416 of 2007 arising out of CR Case No.218 of 2007 is set-aside. The concerned Joint Sessions Judge, Rajshahi is directed to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
.... Penal Code to one under the first part of section 304 of the said Code. Hence, we are required only to consider the legality of the sentence imposed by the High Court Division. 9. In view of the provisions of the Penal Code quoted above, a sentence of imprisonment of twenty years under the firs......he Criminal Petition for Leave to Appeal No.99 of 2003 before this Division. Upon hearing, Leave was granted to consider the following ground: “Because the Hon’ble High Court Division erred in law in awarding twenty years of sentence upon the accused appellant petitioner after converting his ..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
....e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......ction grade to persons in the revenue post who were transferred from the development project without counting their service period in the development project should not be declared to be without lawful authority, ultra-vires of Rule 6 of the উন্নয়ন প্রকল্প হইতে..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....he rule is found to have been discharged with a positive observation that plaintiff of Title Suit No. 145 of 2006 pending before the Joint District Judge, 5"h Court, Dhaka has failed to comply the provision laid down in section 21A(b) of the Specific Relief Act, 1877. 2. In short the case o...... 5. Mr. Quamrul Islam Siddiqui the learned Counsel appearing on behalf of the plaintiff-petitioner submits that High Court Division has totally misconceived the spirit of the amended provisions of law incorporated in the Registration Act by Act 25 of 2004, and Specific Relief Aet,1877 by Act 27 ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......he order of conviction of the appellants on the basis of circumstantial evidence regarding their presence at the place of occurrence and threatening P. W.1 and P.W.2 by Jahirul Islam @ Dipu is bad in law. He submits that the evidence of the P.W.1, father of the victim and P.W. 2, brother of the..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ...... taken 3 grounds and today at the time of hearing of the Rule he also filed a supplementary affidavit in Court stating additional grounds. He also submitted that the Court below committed an error of law resulting in an error in the decision occasioning failure of justice in not considering that the..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....and wider powers to the High Court and Court of Session but this power will no doubt normally be exercised in a reasonable and judicial manner taking into account the limitations placed by other provisions of the Code upon subordinate authorities and that a rule founded on justice and equity wi......on for anticipatory bail and follow the guidelines given by this Division. Law declared by this Division is binding upon it and the learned Judges are oath bound to follow the statements of law declared by this Division. If the learned Judges do not follow their constitutional obligation, ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....the property in the gazette notification for judicial consideration so this court may dispose of the rule giving the parties opportunity to file application to the Tribunal constituted under the provision of Act XVI of 2001. However, Md. Mostafa, the learned Advocate frankly submits that on his......ati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further case of the plaintiffs, in short, are that the recorded tenant of t..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
.... 305-200-4939, under the Companies Circle-1, Taxes Zone-1, Chittagong. The assessee-writ-petitioner company submitted its self assessment income tax return for the assessment year 2011-2012 under the provision of section 82BB/82C/53FF of the Income Tax Ordinance 1984 and along with issuance of the r......-২৩/১১ তারিখ 15.7.2012 (Annexure-D) isued by the Deputy Commissioner of Taxes Circle-23 (Companies) Taxes Zone-2, Chittagong respondent No. 3 should not be declared illegal without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....failure of justice. He then submits that the complainant-appellant filed the instant complaint case under section 138 of the Negotiable Instruments Act, 1881 on 9-9-2004 and at the relevant time provision was to make a demand for the payment of the said amount of money by giving a notice in wri......h the document would be delivered in the ordinary course of post if that is done by properly addressing, pre-paying and posting by registered post. Reasons behind this presumption as embodied in law, are not opaque or absent to conceive...... (16) The purpose of the object of issuing notic..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....d Jahangir relied upon the Paragraph of the affidavit-in-opposition and submits that the appeal being barred by limitation, the Commissioner of Taxes Appeal is not liable to admit the same as per the provision of law and as such the rejection of the said appeal was quite lawful. We have heard the......y argued that the DCT concern was liable under section 178 of the Income Tax Ordinance 1984 to serve the order of re-assessment upon principal officer of the Assessee-applicant company as mandated by law, but no such copy of the order was served upon the Assessee-applicant nor on its principal offic..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....egality in issuing the warrant of arrest against the petitioner in view of the fact that the petitioner was admittedly not the main borrower, but a third party guarantor, and, as such, in view of the provisions under section 6(5) of the said Ain, he may be proceeded against only after exha......he Adalat proceeded against the petitioner before exhausting all the processes against the main borrower, the impugned orders of arrest as well as the refusal of bail should not sustain in the eye of law……………(6) Lawyers Involved: Helal Uddin Mollah, Advoc..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......rsquo;s Opinion is not binding upon the Court. The Court itself can compare any signature or LTI of any concerned person under section 73 of the Evidence Act and come to a decision in accordance with law. In this case the trial Court as well as the Court of appeal below considered the entire ev..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....and but the appellate Court below without giving any reasons whatsoever found the title of the plaintiffs into the suit land and this sort of findings of the appellate Court below is against the provisions of law. He submits that Order XLI Rule 31 CPC provides that the appellate Court must......pellate Court below without giving any reasons whatsoever found the title of the plaintiffs into the suit land and this sort of findings of the appellate Court below is against the provisions of law. He submits that Order XLI Rule 31 CPC provides that the appellate Court must record reason..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
.... of such an expectation can be given effect to by the Court only when the facts of the case clearly and unambiguously give rise to such a expectation. 17. Further to that we must come across the provision of Article 31 of the Constitution. Article 31 of the Constitution, env...... without assigning any reason. Having failed to get back the said retention money from the respondents on 18-3-2011, the petitioner sent a notice demanding justice to the respondent No. 2 through his lawyer, praying for said retention/security for the packages, which was duly received by him on 18-3..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
.... Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar t...... Nos. 9435 & 9436 of 2012 Judgment Mahmudul Hoque J.- These two Writ Petitions are taken up for joint consideration and for disposal as the parties are same and involve common issues of law as shall need to be addressed in these Rules Nisi. 2. In Writ Petition No. 9435 of 2012 the..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....ction of 2010 for the post of Councillor of Ward No.8 of Sherpur Pourashava. The Returning Officer rejected his nomination paper on the ground that the writ petitioner was disqualified under the provision of section ১৯(২)(ঝ) of the Local Government (Pourashava) Ain, 2009.
3. Agains......stant civil petition for leave to appeal.
6. Mr. Md. Khurshid Alam Khan, learned Advocate, appearing on behalf of the leave petitioner, submits that the High Court Division committed an error of law in rejecting summarily the writ petition filed by the petitioner although the petitioner is..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....y
to appoint the plaintiff afresh with effect from the date of dismissal on
12-6-1999upon observation that the dismissal order is absolutely illegal
because the opposite party did not follow the provision of law without
obtaining prior permission from the arbitration committee.
...... the plaintiff afresh with effect from the date of dismissal on
12-6-1999upon observation that the dismissal order is absolutely illegal
because the opposite party did not follow the provision of law without
obtaining prior permission from the arbitration committee.
8. The peti..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....d from the present case. On perusal of another decision of our jurisdiction in the case of Shabitribala Vs. Rohinikanta Mondal, reported in 4 DLR 11, wherein their Lordships held that: "The provisions of the Code of Civil Procedure are not applicable to an appeal pending before the High Co...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
88618839827795868579898196239051962883809045838193579367936893588965870285589362