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Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ...... 100% interest and other benefits as has been observed above. It only lays down the policy of the government making recommendation for waiver of such interest without creating any legal right." In view of the observations made above as to the enforceability of the notification we are of the opini..Category: Civil Law | Date: | Hits: 141
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......acts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise to any apprehension in the mind of the litigant.” In view of the aforesaid principle of law I am of the view that, there is nothing to be prejudiced or a..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......he points of law in the negative. Earlier the petitioner filed an application against the attachment of their bank account for non-payment of the income tax assessed on the petitioner-corporation. In view of our finding as aforesaid this attachment of the bank account is found to be without jurisdic..Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......t was filed beyond the period of limitation and both the Courts below also found that suit to have been filed in time. 11. The defendant petitioners submitted that the suit was not maintainable in view of Article 6 of President’s Order No.142 of 1972. This objection was neither raised in the pl..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
.... under this section. (2) Where, by reason of any such document or statement as aforesaid or by reason of same collusion, any duty or charge has not been levied or has been short-levied or has been erroneously refunded, the person liable to pay any amount on that account shall be served with a not......n the Customs Act was not an efficacious alternative forum for seeking remedy as against the demand made through the notice dated 12-3-94. This contention of the petitioner is not well founded one in view of the provision of section 194 of the Customs Act. From a reading of the provision of the said..Category: Fiscal/Taxation Law | Date: | Hits: 189
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....sition on record and having heard the learned Advocates of either side it appears that the appellate Court below approached the whole question involved in the appeal from a wrong angle and came to an erroneous conclusion on points of law. The Courts started on the premise that since Bengal Tenancy A......an appeal under Section 174(5) even if registered without the deposit may be admitted for hearing in suitable circumstances by giving the appellant an opportunity of making the required deposit. This view is also supported by a decision reported in 8 DLR 258 where the view taken that the deposit..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......s also a broadcaster of Bangladesh Betar and his different writings and story as 'Betar drama' were published, broadcasted and earned him fame. He was also a writer of biography and he also took interviews of different elites in radio. Besides, he participated in different kinds of self-composed poe..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ...... the Judgment debtors did not challenge the decree rather they want to maintain the decree and prayed for setting aside the auction sale so that they can maintain their property, it is our considered view that, 50% of decreetal amount is not required to be filed as required under section 41 of the A..Category: Civil Law | Date: | Hits: 156
....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......রা না হইলে এই উপ-ধারার অধীন ফেরত্ প্রদানের দাবী গ্রহণযোগ্য হইবে না৷
Our considerate view on the point is very much clear. When the petitioner received the decision of appeal dated 11-1..
Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......s profoundly active and vocal in this field of great public interest, it comes within the expression 'person aggrieved', under Article 102 of the Constitution and basing on the decisions, we hold the view that the petitioner is a person aggrieved and has locus standi to file this writ petition in th..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......t has unfettered power in granting bail, but in considering a petition for bail under section 498 Cr.P.C., the guidelines as given in section 497 of the Code of Criminal Procedure should be kept in view. 12. The relevant portion of section 497(1) Cr.P.C. reads as follows:— "497. (1) When a..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......ioners and the defendant opposite party Nos.1-4 was admittedly of earlier date. So we find that the ratio decidendi of decisions in all the aforesaid cases is very definite and it only supports the view that the opposite party Nos.5-7 do not deserve to be impleaded as defendants in the instant cas..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......of such danger at any point of time will call for dropping of the proceeding. In this case the learned Magistrate himself had found that there is no such apprehension of breach of peace and in that view of the matter the learned Magistrate was under legal obligation to put an end to the proceedi..Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......ion which the person discharges. Thus if the function is a judicial one then the authority discharging the function is a Court although he is not described as Court by official designation. Thus in view of the reasoning given by their Lordships in Appellate Division we are of the view that the M..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......f dismissal passed by the defendant No.1. Under the law the plaintiff is still in service and has all the lawful authority to continue serving as Manager of the Agrani Bank in Bagerhat branch. In view of the fact that pecuniary compensation would not afford adequate relief and there exists no ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......rly there must be other evidence. The confession is only an element in the consideration of all the facts proved in the case; it can be put in the scale and weighed with the other evidence." The same view was taken in the case of Lutfun Nahar Begum Vs. The State, reported in 27 DLR (AD) 29 by the ..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......range their state defence, in as much as condemned prisoners are fugitive from justice. 10. We find much force in the contention put forward by the learned counsel for defence. We are one with the view of the learned counsel for defence that cardinal principle of criminal law is that an accused..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......ce anything implicating appellant with the murder of his father. It is further contended by the learned counsel for the appellant that appellant was 11/12 years old at the time of occurrence and in view of the age of the appellant it is highly improbable that injuries as found by doctor in the per..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
....its that the lower appellate Court being the last Court of facts, the findings of facts arrived at by that Court should not be disturbed by this Court of revision. But the findings of fact based on erroneous exposition of law as found in the instant case can be disturbed. The lower Appellate Cou......ssion he agreed to sell his share in the suit plot by executing the aforesaid Bainapatra on 13.2.1981 and that defendant Nos.3 and 4 were not bona fide purchaser of the disputed land, and in that view of the matter the trial Court decreed the suit. 4. During the pendency of the suit defendant..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......ellant tried to explain that she committed suicide which was found to be a travesty of truth. In the absence of any satisfactory explanation and the explanation given found to be false, we are of the view that none other than this appellant is responsible. In this respect another decision can be cit..Category: Procedural Law | Date: | Hits: 118
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