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Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....failed to perform his promise which has compelled the defendant to rescind the agreement. The defendant did not dispute the execution of the agreement and the payment of advance money out of the total consideration amount. In view of the conflicting claims, the determination of the points in co......ve the necessary co-operation. 16. If the parties have in express terms provided that one of the promised performance shall be rendered before the return performance is begun, or if, in the absence of any express words, such is required by the customs of a person, it is possible for the on......assist where there has been undue delay on the part of one party to the contract, and the other has given him reasonable nothing that he must complete within a definite time. Nor will it exercise its jurisdiction when the character of the property or other circumstances would render such exercise li..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....mpany Limited and both the companies are fully owned by respondent No.1. Pursuant to the said tender, the writ-petitioner submitted his bid quoting a price of Taka 145.51 for each share, and the total price of 2,40,000 shares comes to a total Taka 3,49,22,400. The writ-petitioner submitted a pa......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ......esh Chemical Industries Corporation and others………Respondents Judgment February 14, 2013. Result: The petition for leave to appeal is dismissed. Writ jurisdiction in case of contractual right Contractual right is not enforceable in exercise of w..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....th died unmarried living behind only brother Haricharan Sawjal, who died unmarried living behind his nephew Chandra Kanta Sajwal. On the death of CS recorded tenant Goalak Bashi and Mohon Bashi their total shares devolved upon their nephews in absence of their sons and daughters in equal share. The ...... Haricharan Sawjal, who died unmarried living behind his nephew Chandra Kanta Sajwal. On the death of CS recorded tenant Goalak Bashi and Mohon Bashi their total shares devolved upon their nephews in absence of their sons and daughters in equal share. The aforesaid nephews are one Rajani Kanta and J......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......orum created under the Election Law itself for their resolution, almost invariably there will arise dispute over facts which cannot and should not be decided in an extraordinary and summary jurisdiction of writ" 11. Having gone through the judgment delivered in Civil Petitio..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......mittee is without lawful authority. Mr. Sikder further submits that section 25 (3) of the Customs Act provides an official notification of minimum value for any particular goods by the Government, in absence of which the determination of minimum value as done in the present case is wholly without la......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......d repealed but the cases pending in the Tribunal established under the Ordinance immediately before the repeal of the said Ordinance shall stand transferred forthwith to the Special judge having jurisdiction thereof as per section 38(4) of the Anti-Corruption Commission Act, 2004. 8. Being..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
.... the accused-petitioner had concealed facts relating to acquisition of some properties valued at Taka 55,57,394/40 and that the said properties along with other properties valued at Taka 50,34,900 in total Taka 1,05,92,294/40 was found to have been acquired beyond known sources of income. Identity o......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......puted facts are not supposed to be resolved in the present forum without taking aid of the evidence to be adduced by the parties before the trial Court. The Court cannot claim inherent jurisdiction to exercise powers taken away by legislation. During exercising jurisdiction, the High ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....l-Mamun having opened two Accounts being Account Nos. 85184201 and 96893281 with Nat West Bank, Aldwych Branch, London illegally deposited œ 2,08,568.65 and œ 2,43,750.43 equivalent to in total a sum of Tk. 6,01,57,762 in these two accounts; the accused-persons in collusion with each oth......to stop the proceedings of the case. 78. Section 344(1) of the Code of Criminal Procedure is quoted below:-- “344. Power to postpone or adjourn proceedings--(1) If, from the absence of a witness, or any other reasonable cause, it becomes necessary or advisable to postpone t......d their natural death on 24th November, 2009 upon expire of the 30 days of the first meeting of the 9th Parliament. As such, the proceeding under the said Ordinances is absolutely illegal and without jurisdiction by the Special Judge. 43. Mr. Moudud Ahmed lastly prays for issuing a Rule; even, ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......cerity he was promoted twice by the same Management, but at the end he was turned out from service in an arbitrary manner without due process of law and as such the impugned order is amenable in writ jurisdiction. 6. Mr. Tufailur Rahman, learned Advocate appearing for respondent 2 submits that th..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......he had not concern with the previous execution of for forged deed. There is no allegation in the FIR and charge-sheet that he had any role at the time of creating the forged Power of Attorney. In the absence of such allegation against the accused-petitioner in the FIR and charge-sheet it is not poss......ions are directed against the accused No.1 Md. Alam Khan alone. The learned Advocate submits that since there is no iota of allegation against intending subsequent purchaser, there cannot be any jurisdiction whatsoever to initiate the proceeding by taking cognizance against him; and continuatio..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......nvolved in the case, we hold the view that both the judgments of the trial Court and revision Court relating to framing of charge suffer from apparent illegality. Because, neither the trial Court had jurisdiction to reopen a disposed of case nor was there any element of entrustment in the loan ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ...... by giving a short returnable date and by passing an interim order, but, in no case, it could dispose of the revision application summarily by giving full relief to the plaintiff-petitioner in the absence of the defendant-opposite parties; This tendency of giving relief in a summary manner witho......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
.... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....sel appearing for the petitioner submitted that the Company Court erred in law in directing encashment of the FDR which stands in the personal name of the petitioner and the direction was made on a total misconception of law. It is further contended that the Company Court failed to notice that i......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......tal misconception of law. It is further contended that the Company Court failed to notice that it having found that the petitioner's petition for protection as minority shareholder was outside its jurisdiction, it had committed fundamental error in directing for encashment of the FDR and apporti..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ...... of tax, the respondent No. 2 acted illegally in claiming VAT on the basis of some alleged forged papers and the respondent No.1 tribunal also committed wrong in affirming the same to which it had no jurisdiction within the scope of section 26 of the VAT Act 1991. The learned Counsel in support of h..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....uitment Rules, 1986. Out of them 65 officers were encadred by promotion in cadre post in 1994, 14 officers in 1996, 9 officers in 1997, 55 officers in 1998, 3 officers in 1999, and 3 officers in 2001 totaling 149. Out of remaining 85 (234-149 = 85) officers, s only 34 were petitioners in Writ Petiti......r disobedience of their authority. This summary power of punishing for contempt should be used sparingly and only in serious cases. To bring home an action within the mischief of contempt in the absence of any definition available in the Contempt of Court Act itself, it can be inferred that onl......ublic bodies and nationalized enterprises and hence BCS Re-Organization Order, 1980 was constituted under those laws and thus increasing the cadre strength of BCS (Family Planning) cadre is exclusive jurisdiction of the government. 27. To elaborate his argument learned Advocate submits that tho..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
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