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Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ...... declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ......vit-in­-opposition or otherwise. 5. Mr. SM Monir, the learned Advocate appearing for the petitioners, submits that pursuant to the criminal case the petitioners accepted the liability without any question and, as such, they repeatedly requested the respondents including, the Power Development Bo..

Category: Others | Date: | Hits: 135

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

.... by pattan. But it is evident from the written statement of the defendant No.30 (Annexure-A) that he had not given specific, not even by necessary implication denial of plaintiffs' case of pattan and possession of the suit lands and material allegations of the facts in the plaint which is mandatory ......ers' case, in brief is that the petitioners, as plaintiffs, instituted Title Suit No.60 of 1976 in the first Court of Munsif, Sadar, Dinajpur for declaration of their title to 10.10 acres of the suit land. The suit was renumbered as Title Suit No.7 of 1985 in the Court of Munsif, Chirir Bandar, The ...... of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......n statement specific provision of rule 9 of Order VIII of the Code of Civil Procedure were not at all followed in allowing the defendant No.30 to file the additional written statement (Annexure-C) in question and accepting the same. Besides this, the impugned judgment and order appears to be non­-s..

Category: Property Law | Date: | Hits: 50

Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)

....2-­6‑1998, at 13‑45 hours, accused appellant Rezaul Karim (Razu) was arrested from Latabaria Surjomukhi Tarun Club and one dagger measuring 18" and one razor measuring 8" were recovered from his possession by informant Md. Abdur Rashid, the then Sub-inspector of Police, Barguna Police Station, ......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......rlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......of arms as given in section 4 of the Arms Act is not exhaustive and no hard and fast rule can be laid down whether clasp knife would fall within the meaning of the word arms and determination of this question would depend on the circumstances of the case and not only the shape of the weapon or the s..

Category: Criminal Law | Date: | Hits: 78

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ......appeals involving short sentences the High Court Division should dis­pose of the appeals expeditiously or release the persons on bail. These decisions declaring laws on bail is part of law of the land and should be read into all the special laws, in view of Article 111 of the Constitution. It ma......reby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ......rned Assistant Attorney-General at length and considered their submissions. We have gone through the impugned orders, relevant VAT Act and Rules and affidavit in opposition carefully. 12. The moot question that falls for considera­tion by this Division in this writ petition is whether issuance o..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

....6‑5‑92 the suit was instituted for specific performance of a contract. It is averred in the plaint that one Giasuddin Ahmed, a former joint secretary of the Government of Bangladesh, was owner in possession of the suit property. The property is fully described in the schedule to the plaint. He e......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......ruque Ahmed, Advocate ‑ For Respondent No. 1. Md. Abdul Quddus with AK Azad Choudhury Advocates ‑ For Respondent No. 7. First Appeal No. 492 of 2001. Judgment Md. Abdur Rashid J. - Plaintiffs presented the appeal against an order dated 26‑2‑2001 passed by Fifth Court of Subordina...... along with the suit. 14. It is now well settled by good authorities that if a proceeding is though premature on the date of filing but with the continuance of the proceeding becomes matured, such question of immaturity loses all defects and becomes cured; Lebu Mia Vs. Gonesh Chandra Nath and oth..

Category: Property Law | Date: | Hits: 61

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....it for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of about 6.10 acres. The plaint case, in short, is that one Paban Mondal was the original owner in possession of the suit land. Without a son, he died leaving three daughters, namely, Boro Panchi ali......‘8-­95 of the Subordinate Judge, Court No.1 at Bagerhat passed in Title Suit No. 54 of 1993 and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of about 6.10 acres. The plaint case, in......rds at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......ying off the debts incurred in payment of rent of the estate and legal costs in litigation, and also for maintenance of the widow. The purposes as stated cannot be said to be not legal necessity. The question arose, when there is no legal proof of existence of such legal necessity save and except th..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ......ereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ......herefore, for requiring a deposit is to furnish some kind of security for payment that a party may become liable to pay after the decision in the appeal. 31. Now, let us turn to the most debatable question. Mr. Islam submits that deposit of the penalty is required to be made only when it was levi..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ery victim Mazeda Khatun told them that accused Razzaque had committed rape on her against her will. There is no reason to disbelieve the natural evidence of these competent witnesses. 16. Now the question that calls for our consideration is, whether in the face of the evidence of the Medical Boa..

Category: Criminal Law | Date: | Hits: 94

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......Khalilur Rahman, Advocate ‑ For the Petitioner. AKM Ashiful Haque, Advocate ‑ For the Opposite­ Parties. Civil Revision No. 2514 of 2000. Judgment Faruque Ahmed J. - This Rule at the instance of the defendant No. 2 petitioner was issued directing the plaintiff opposite party No. 1 t......The law of Master and Servant does not apply in his case. The plaintiff can maintain a writ petition as also a suit against his wrongful dismissal, if not otherwise barred by any law." 11. Now the question is, whether the suit as framed is maintainable. In the present case, the plaintiff prayed f..

Category: Employment/Service Law | Date: | Hits: 122

Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)

.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......e absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......dvocate ‑ For Respondent No 2. Writ Petition No. 515 of 1999. Judgment Md Joynul Abedin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh calls in question the Judgment and order dated 7‑1‑1999 passed by the Chairman, First Labour Court, Chitt..

Category: Labour and Industrial Law | Date: | Hits: 152

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361......., not this petitioner; (5) that the sale of shares of the said company upon revaluation is permissible under the law as well as the same has not been treated as an offence under any of the law of the land and (6) that, in two other similar cases being Criminal Miscellaneous Case No. 26562 of 2009 an......d from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......ction 409/109 of the Penal Code; (3) that, neither any case of entrustment nor any case of abetment has been stated in the charge sheet against this petitioner; (4) that, the buyer of the property in question was Accom-Engineering Ltd., not this petitioner; (5) that the sale of shares of the said co..

Category: Administrative Law | Date: | Hits: 173

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......is application dated 9.9.80 for issuance of a Bank Guarantee for TK. 6,50,000/- for a period of one year to transact the normal business of defendant No. 1 with Bangladesh Biman offering 15 Kathas of land as counter guarantee which valued at Tk. 15,00,000/- under Mouza Gulshan adjacent to Road No. 8......ivision (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J Noor Alam …………………Appellant Vs. Sonali Bank and others…………………Plaintiff respondents Judgment January 5, 2011. Result: The appeal is allowed. Case Refe......th defendant Nos.1 and 2 prepared some forged documents in his name by way of false personation; that the defendant No.3 is not acquainted with the defendant Nos.1 and 2 in any manner and as such the question of being a guarantor for them by using his original title deed of 'B' schedule property doe..

Category: Procedural Law | Date: | Hits: 107

Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)

....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......e no objection if the petitioner is allowed to deposit the monthly rent of the case premises in favour of the opposite parties with the House Rent Controller, Narayanganj without any prejudice to the land lord. I have heard the submissions of the learned Advocates and perused the civil revision a...... once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342...

Category: Property Law | Date: | Hits: 105

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......ndamus could be issued in favour of such persons. At this juncture, it will be proper to refer to the decision of constitution Bench of this Court in Rai Shivendra Bahadur Vs. Governing Body of the Nalanda College (AIR 1962 SC 1210). That case arose out of a refusal to promote the writ petitioner th......Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... 23. Mr. Abdur Razzaq further submits that the petitioners have failed to show that not a single BFCC contractual employee was absorbed in the service of Biman at any point of time and, as such, the question of invocation of the principle of legiti­mate expectation does not arise at all.  ..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ...... the society they live. 62. Further reference may be made to case Afzalul Abedin Vs. Government of Bangladesh reported in 10 BLT 490=6 BLC 601. 63. Wherein Mr. MA Aziz, J held: Judges are not islands. They like all other individuals are human beings. They are neither robots nor do they live li......ter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......rruption Commission Rule 15(7) was not com­plied with as the Form 3 is a part of the said rule, which has not been properly used in according sanc­tion for submitting charge sheet. 20. The above question of law i.e. lodging of FIR and submission of charge sheet by self same officer has been set..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......v J. which happens to be the majority judgment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration is whether the appointment of the appellant as the Mutwalli of Waqf estat..

Category: Trust/Waqf Law | Date: | Hits: 188

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......Vs. Registrar of Trade Unions, Chittagong & others.......................Opposite Parties Judgment January 30, 1989. Result: The application is allowed on contest and order of ad-interim injunction is set aside. Lawyers Involved: A.Y. Salehuzzaman with SK. Zulficar Bulbul ......­low had every jurisdiction to entertain the present suit and this Court has every jurisdiction to issue Rule and the order of injunction. 6. Both the learned Advocates addressed this Court on the question of jurisdiction of the Civil Court and has cited number of decisions and placed relevant pr..

Category: Labour and Industrial Law | Date: | Hits: 203

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......e even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......, Advocate - For opposite party. Amirul Kabir Chowdhury, Deputy Attorney General - As Amicus Curiae. Criminal Revision Case No. 36 of 1987. Judgment Md. Abdul Jalil J.- This Rule calls in question the order dated 30.4.87 passed by the Chairman, Labour court, Chittagong in C.R. Case No. 3..

Category: Labour and Industrial Law | Date: | Hits: 177

Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)

....e, if any, for vindication of his right, if so ad­vised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......e, if any, for vindication of his right, if so ad­vised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......miscreants along with other election materials and that the original result sheet of the centre was subsequently replaced by a false and fabricated result sheet are without any basis. These being all question of facts cannot be decided without entering into evi­dence in a proceeding under Article 1..

Category: Election Law | Date: | Hits: 171

Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)

....ion 18 if he proves that he did not know, and could not with reasonable diligence have ascertained, that the drug in any way contravened the provisions of that section, and that the drug while in his possession remained in the same state as when he acquired it. 19. In the instant case, it would t......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......m not to buy or sell the medicine. He denied that Sanaullah had been their medical representative and denied the suggestion that Sanaullah being their man they filed no case against him. On a further question he stated that three of their officers have left the company but denied the suggestion that..

Category: Criminal Law | Date: | Hits: 83